ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

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

penanglad
Junior Member
Posts: 91
Joined: Fri Oct 15, 2004 4:06 pm

ILR guidance - Annex F

Post by penanglad » Sun Nov 06, 2005 11:05 am

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.

Smit
Member of Standing
Posts: 375
Joined: Sun Jun 26, 2005 7:23 pm
Location: London

Post by Smit » Mon Nov 07, 2005 10:34 am

This info is useful. However, I note that HSMP is not mentioned anywhere? :o

Markie
Senior Member
Posts: 681
Joined: Wed Sep 21, 2005 2:17 am
Location: Surrey

Post by Markie » Tue Nov 08, 2005 3:01 am

Smit wrote:This info is useful. However, I note that HSMP is not mentioned anywhere? :o
HSMP is under Chapter 5 Section 11 of the Immigration Directorate's instructions. This section mentions the 4yr period.

Click this guide...
http://www.ind.homeoffice.gov.uk/ind/en ... er_5.html?

mkumarInTheUK
Newly Registered
Posts: 4
Joined: Wed Nov 09, 2005 11:40 am

Question on terms of residence for ILR

Post by mkumarInTheUK » Wed Nov 09, 2005 6:18 pm

Hi,
The above details are extremely usefull. Thanks for the same.
I have been in the UK for 3 years now and will finish my 4 yrs in Nov 2006. Throughout I have had a legal status here on a workpermit, worked for the same company and have paid taxes, and have maintained a house here till August 2005 (I have council tax and other bills in my name).
Of late I am having to travel more and more on official business. I spent 20 days in France (excluding weekends when I returned to the UK) and have been to India twice for 2 months with a one week break in btw.
Early next year, I am to leave to the US for 3 months.
I have consistently tried to ensure that I do not stay out of the country for more than 3 months at a stretch or 6 months in total.
But I am worried that my absenses will work against me when I apply for ILR ? Does renting a house or being in continous employment here work inyour favour ?

What happens if I do not meet the 'terms for continous residence' ? Does the clock start again and do I need to wait for an addtional 4 years. Or can it be made up the next year ?

Thanks,
Kumar.

maple leaf
Newbie
Posts: 33
Joined: Wed Mar 09, 2005 9:45 am
Location: UK

Re: Question on terms of residence for ILR

Post by maple leaf » Sat Jan 07, 2006 8:30 pm

mkumarInTheUK wrote:Hi,
The above details are extremely usefull. Thanks for the same.
I have been in the UK for 3 years now and will finish my 4 yrs in Nov 2006. Throughout I have had a legal status here on a workpermit, worked for the same company and have paid taxes, and have maintained a house here till August 2005 (I have council tax and other bills in my name).
Of late I am having to travel more and more on official business. I spent 20 days in France (excluding weekends when I returned to the UK) and have been to India twice for 2 months with a one week break in btw.
Early next year, I am to leave to the US for 3 months.
I have consistently tried to ensure that I do not stay out of the country for more than 3 months at a stretch or 6 months in total.
But I am worried that my absenses will work against me when I apply for ILR ? Does renting a house or being in continous employment here work inyour favour ?

What happens if I do not meet the 'terms for continous residence' ? Does the clock start again and do I need to wait for an addtional 4 years. Or can it be made up the next year ?

Thanks,
Kumar.


To be able to get you ILR safely, perhaps you have to sacrifice the time you stay outsite the UK

PB
Newbie
Posts: 35
Joined: Thu Jun 24, 2004 12:25 pm
Location: UK

Re: ILR guidance - Annex F

Post by PB » Fri Jan 20, 2006 1:10 pm

penanglad wrote: 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.
Hi,

This mentions permit-free employment. Would that apply to doctors?

penanglad - could you please provide a link to the IND page which mentions this section?

Thanks & Regards,
PB

munhumutapa
Newly Registered
Posts: 17
Joined: Fri Sep 08, 2006 10:18 am

Post by munhumutapa » Fri Sep 08, 2006 10:26 am

I've stayed in UK for 2 years as a student and 3 years on a work permit. Does this mean that I can apply for ILR?

John
Moderator
Posts: 12320
Joined: Wed Nov 10, 2004 2:54 pm
Location: Birmingham, England

Post by John » Fri Sep 08, 2006 11:05 am

I've stayed in UK for 2 years as a student and 3 years on a work permit. Does this mean that I can apply for ILR?
No, sorry, it does not. Except as I note below, your time in the UK on a student visa does not count towards the ILR qualifying period. So you will need to have nearly 5 years on a WP before you can apply for ILR?

The exception? Time in the UK on a student visa does count if a Long Residence application is being made. But as the minimum for that is 10 years in the UK, for you Munhumutapa, that is not helpful, because you will need to wait just two more years on the WP route, whereas for a Long Residence application you would need to wait a further 5 years.
John

munhumutapa
Newly Registered
Posts: 17
Joined: Fri Sep 08, 2006 10:18 am

Post by munhumutapa » Tue Sep 12, 2006 8:08 pm

Thank you!

mifengmi
Newly Registered
Posts: 2
Joined: Mon Sep 25, 2006 11:11 am

Need Help! Absence from the UK.

Post by mifengmi » Mon Sep 25, 2006 11:51 am

I'm a HSMP holder, and would like to get PR after 5 years time. I'm getting a job which needs 4-6 months per year travelling outside of the UK. From HO website I found the absence rules for applying British citizenship, http://www.ind.homeoffice.gov.uk/docume ... iew=Binary
, which states " 4.1.2 Total Absences of up to 900 days - consider disregarding only if
the application is otherwise in order, and if applicants have
established their home, family and a substantial part of their estate
here. We should also expect:
c. the excess absences to have been an unavoidable
consequence of the nature of a career (for example a
merchant seaman or someone in UK-based business or
employment which requires frequent travel abroad); or
d. exceptionally compelling reasons of an occupational or
compassionate nature to justify naturalisation now, including,
for example, because the applicant has a firm offer of a job for
which British citizenship is a statutory or professional
requirement."
If the residence requirement for PR is the same as for citizenship, then it won't be a problem if I take this job and absent 180days/years.
:?: But, in Annex F of Chapter 5, it seems the absence should not exceed 6 months in total 4 years. Did I get it right? Or maybe it means "6 months per year", which is in line with the rules for citizenship: 900 days/5 years.

This is soooooooooo important to me. Hope experts can help me out! Many thanks in advance!

John
Moderator
Posts: 12320
Joined: Wed Nov 10, 2004 2:54 pm
Location: Birmingham, England

Post by John » Mon Sep 25, 2006 12:38 pm

If the residence requirement for PR is the same as for citizenship ........
No it is not the same, it is different!
John

mifengmi
Newly Registered
Posts: 2
Joined: Mon Sep 25, 2006 11:11 am

Post by mifengmi » Mon Sep 25, 2006 12:54 pm

John wrote:
If the residence requirement for PR is the same as for citizenship ........
No it is not the same, it is different!
Thanks John! Then do you think for PR, the max. absence is 6months in 4 years?
People need to get PR before applying for citizenship, right? How can it be that they allow you have 900 days/5 years for citizenship, where is only 6 months /4 years for PR? I'm really confussed.
Please help!

John
Moderator
Posts: 12320
Joined: Wed Nov 10, 2004 2:54 pm
Location: Birmingham, England

Post by John » Mon Sep 25, 2006 12:58 pm

I am not sure, but do appreciate that 4 years has now become 5 years. It is clearly the case that the document was requested before and supplied before that change was made last April.
John

frutis
Newly Registered
Posts: 1
Joined: Thu Sep 28, 2006 3:08 pm

Post by frutis » Thu Sep 28, 2006 3:13 pm

John wrote:
I've stayed in UK for 2 years as a student and 3 years on a work permit. Does this mean that I can apply for ILR?
No, sorry, it does not. Except as I note below, your time in the UK on a student visa does not count towards the ILR qualifying period. So you will need to have nearly 5 years on a WP before you can apply for ILR?

The exception? Time in the UK on a student visa does count if a Long Residence application is being made. But as the minimum for that is 10 years in the UK, for you Munhumutapa, that is not helpful, because you will need to wait just two more years on the WP route, whereas for a Long Residence application you would need to wait a further 5 years.
hi there,

i have heard that you would have to be in the uk for 10 years in order to be entitled to apply for ILR if you're in the uk on a student visa. however, i could not find any act confirming this. could you please advise?

furthermore, i could not find the info of that 10 years rule at ind web page . . please kindly inform where you find it?

thankss..

John
Moderator
Posts: 12320
Joined: Wed Nov 10, 2004 2:54 pm
Location: Birmingham, England

Post by John » Thu Sep 28, 2006 3:24 pm

Have a look at this part of the immigration rules and in particular paras 276A to 276D.
John

vijier
Newly Registered
Posts: 11
Joined: Thu Feb 10, 2005 5:50 pm

Post by vijier » Tue Nov 14, 2006 9:52 pm

Hi,
I came to UK on Business Visa in September 2002 and went back to India in Mar 2003. Came back in June 2003 on WP and I have my FLR-IED valid till Aug 2009.

Please could you let me know, if my stay on Business visa will count towards ILR? or will I need to be on full 5yrs on WP to get my ILR?

Many thanks

John
Moderator
Posts: 12320
Joined: Wed Nov 10, 2004 2:54 pm
Location: Birmingham, England

Post by John » Tue Nov 14, 2006 10:31 pm

Vijier, looking at the detail in the opening post in this topic, I think you need to say the exact dates in March 2003 and June 2003 when you left and returned to the UK. More than 3 months, or less?

Also the reason for that about three months absence?
John

minny
Junior Member
Posts: 74
Joined: Mon Mar 27, 2006 4:32 pm

Post by minny » Sat Feb 10, 2007 1:45 pm

Can one apply for ILR after spending 5 years (combination of permit free trainig and HSMP?)

Thanks

Minny

firstime
Junior Member
Posts: 53
Joined: Fri Apr 20, 2007 4:22 pm

Post by firstime » Thu Apr 26, 2007 10:20 am

Has anyone seen the new Annex document after 4-5 changes?

SYH
BANNED
Posts: 2137
Joined: Sun Apr 29, 2007 6:06 pm
Location: somewhere else now

Post by SYH » Mon Apr 30, 2007 7:42 pm

The HSMP link does not work anymore
anyone have the info and can cut and paste into a post

Click this guide...
http://www.ind.homeoffice.gov.uk/ind/en ... er_5.html?[/quote]

vic
Newbie
Posts: 41
Joined: Wed Nov 22, 2006 9:22 am
Location: Reading

the link

Post by vic » Mon Apr 30, 2007 11:51 pm


arhangelsk
Newly Registered
Posts: 9
Joined: Sat May 19, 2007 7:16 pm

question

Post by arhangelsk » Sun May 27, 2007 11:49 am

MY SITUATION IS :

I CAME TO THE UK ON THE 8 DECEMBER 2002
WORK PERMIT FOR 24 MONTH FOR MY 1ST EMPLOYER

THEN MY 2ND EMPLOYER APPLYED FOR MY 2ND WORK PERMIT
THE LETTER OF APPROVAL REGARDING 2ND WORK PERMIT FOR ANOTHER 60 MONTH FROM HOME OFFICE WAS RECEIVED WITH THE DATE ON IT 8 NOVEMBER 2004
AND 2ND VISA WAS ISSUED STARTING FROM 21 DECEMBER 2004 TILL 21 DECEMBER 2006

since than till now my WP status was continuous

DOES IT MEANS THAT I HEVE GOT A GAP OR THERE IS A LITTLE HOPE FOR ME


and could anybody to clarify please what are these SEO AND GRADE 7 as mentioned below


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.

with regards ,thank you

John
Moderator
Posts: 12320
Joined: Wed Nov 10, 2004 2:54 pm
Location: Birmingham, England

Post by John » Sun May 27, 2007 2:16 pm

Please do not post in block capitals. On the internet that is equivalent to shouting, and on this board posts in block capitals are liable to be deleted without warning.

You mention the 2nd visa, but give no detail about your 1st visa, and when it expired. Please post that detail.

In particular, are you able to confirm whether the 2nd visa was applied for before the expiry date of the 1st visa?
John

arhangelsk
Newly Registered
Posts: 9
Joined: Sat May 19, 2007 7:16 pm

thanx john

Post by arhangelsk » Sun May 27, 2007 9:45 pm

thanx for the reply JOHN

sorry for block capitals never again

my first visa dates 28/11/2002
date of entry 8/12/2002
till 28/11/2004
WP based WP FOR 24 month from the date of entry the UK


my second employment situation i am not 100 % sure

i have got a letter from HO about approval of my second WP for another 60 month
dated 8/11/2004

but application for WP and FLR(Visa) was made by my 2nd employer

my second visa from 21/12/2004 till 21/12/2006 (just for 2 years not 5 like was promised ) but unfortunatly i do not remember when 2nd company applyed for 2nd visa the only thing i remember that it was done without a delay ,i mean as soon as my boss got the letter about WP she applyed without a delay but i do not remeber when and it is impossible to trace

so it means that despite WP approved before the date of expiry of visa i can still have problem if my 2nd company made a late application for my second visa hursh

can HO give that info if the application was delayed


than my employmet continuous till now my third visa was for 5 years
starting may/2006

thanx for the time spent on my posts JOHN
appreciate it a lot

Mini
Member of Standing
Posts: 262
Joined: Tue May 11, 2004 11:23 am
Location: Manchester, UK
Contact:

Post by Mini » Wed Jun 13, 2007 9:51 am

Can one apply for ILR after spending 5 years (combination of permit free trainig and HSMP?)
Any clarity on this ? I know of a few people to whom this would make a load of a difference
Mini

Locked
cron