Post
by Lucapooka » Sun Apr 22, 2012 10:26 pm
245CD. Requirements for indefinite leave to remain
To qualify for indefinite leave to remain, a Tier 1 (General) Migrant must meet the requirements listed below. If the applicant meets these requirements, indefinite leave to remain will be granted. If the applicant does not meet these requirements, the application will be refused.
Requirements:
(a) The applicant must not have one or more unspent convictions within the meaning of the Rehabilitation of Offenders Act 1974 unless the applicant is applying under the terms of the HSMP ILR Judicial Review Policy Document.
(b) The applicant must not fall for refusal under the general grounds for refusal, and must not be an illegal entrant.
(c) Unless the application is being made under the terms of the HSMP ILR Judicial Review Policy Document, the applicant must have spent a continuous period of 5 years lawfully in the UK, of which the most recent period must have been spent with leave as a Tier 1 (General) Migrant, in any combination of the following categories:
(i) as a Tier 1 (General) Migrant,
(ii) as a Highly Skilled Migrant,
(iii) as a Work Permit Holder,
(iv) as an innovator,
(v) as a Self-Employed Lawyer,
(vi) as a Writer, Composer or Artist,
(vii) as a Tier 2 (General) Migrant, a Tier 2 (Minister of Religion) Migrant or a Tier 2 (Sportsperson) Migrant, or
(viii) as a Tier 2 (Intra-Company Transfer) Migrant, provided the continuous period of 5 years spent lawfully in the UK includes a period of leave as a Tier 2 (Intra-Company Transfer) Migrant granted under the Rules in place before 6 April 2010.
(d) if the applicant has or has had leave as a Highly skilled Migrant, a Writer, Composer or artist, a self-employed lawyer or as a Tier 1 (General) Migrant under the Rules in place before 19 July 2010, and has not been granted leave in any categories other than these under the Rules in place since 19 July 2010, the applicant must have 75 points under paragraphs 7 to 34 of Appendix A.
(e) Where the application is being made under the terms of the HSMP ILR Judicial Review Policy document, the applicant must have a continuous period of 4 years lawful leave in the UK, or 5 years lawful leave in the UK if the applicant applied to the HSMP between 3 April 2006 and 7 November 2006, received an approval letter and came to or stayed in the United Kingdom on the basis of that letter, of which the most recent must have been spent with leave as a Tier 1 (General) Migrant, in any combination of the following categories:
(i) as a Tier 1 (General) Migrant;
(ii) as a Highly Skilled Migrant;
(iii) as a Work Permit Holder; or
(iv) as an innovator.
(f) Where the application is being made under the terms of the HSMP ILR Judicial Review Policy Document, the applicant must be economically active in the UK, in employment or self-employment or both.
(g) in all other cases than those referred to in (d) or (e) above, the applicant must have 80 points under paragraphs 7 to 34 of Appendix A.
(h) The applicant must have sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, in accordance with paragraph 33BA, unless the applicant is under the age of 18 or aged 65 or over at the time the application is made or the applicant is applying under the terms of the HSMP ILR Judicial Review Policy Document.
