Comments on the FAQ

[purplepple]

I know sushdmehta said no comments in this post but would like to point out that Q4 is not entirely correct for overseas applications. If date of entry is delayed by less than 90 days, one can apply 28 days before expiry date instead of anniversary of entry date.

[vinny]

Thanks. I have amended it now.

[cs95tdg]

Another amendment is required to Q5 in the ILR FAQ.

The following statement is no longer accurate:
Note: If you have switched immigration categories (e.g. - Tier 2 to Tier 1, Tier 2 (ICT) to Tier 2 (General), went abroad to change immigration categories through entry clearance) during the qualifying residential period, and if you have not been granted 5 years continuous leave since the issue of entry clearance, then this concession does not apply to you.

I enquired (from the UKBA) about aggregating residence periods for ILR after switching immigration categories in-country when I applied earlier this year. This was to determine whether the period between EC and date of first entry could be considered towards my ILR residence period, as I entered within 3 months of EC, even though I had switched immigration categories from a WP Holder to T1G Migrant. I was told that the late entry concession would apply even though I had switched immigration categories in-country.

Given this response, the above note, would no longer be accurate. I cannot however confirm whether the same would hold true, for example if someone were to go abroad and change immigration categories through EC.

[vinny]

Another amendment is required to Q5 in the ILR FAQ.

The following statement is no longer accurate:
Note: If you have switched immigration categories (e.g. - Tier 2 to Tier 1, Tier 2 (ICT) to Tier 2 (General), went abroad to change immigration categories through entry clearance) during the qualifying residential period, and if you have not been granted 5 years continuous leave since the issue of entry clearance, then this concession does not apply to you.

I enquired (from the UKBA) about aggregating residence periods for ILR after switching immigration categories in-country when I applied earlier this year. This was to determine whether the period between EC and date of first entry could be considered towards my ILR residence period, as I entered within 3 months of EC, even though I had switched immigration categories from a WP Holder to T1G Migrant. I was told that the late entry concession would apply even though I had switched immigration categories in-country.

Given this response, the above note, would no longer be accurate. I cannot however confirm whether the same would hold true, for example if someone were to go abroad and change immigration categories through EC.

Amended. Thanks!

[ISingh2008]

Hi,
Answer to Question 17 needs to be corrected.... It should be:

Year 1 11 November 2012 to 12 November 2011
Year 2 11 November 2011 to 12 November 2010
Year 3 11 November 2010 to 12 November 2009
Year 4 11 November 2009 to 12 November 2008
Year 5 11 November 2008 to 12 November 2007


Thanks

[smartkhan]

Answer to Q17 A is wrong. If someone entered after 40 days of EC, he/she is qualified for ILR under 90 days compensation rule.

[sak20099]

Answer to Q17 A is wrong. If someone entered after 40 days of EC, he/she is qualified for ILR under 90 days compensation rule.

why do you say this ?
if someone enter after 40 days none of them will be count as absences accoring to below rule

As per the ILR rules
The period between entry clearance being issued and the applicant entering the UK may be counted toward the qualifying period, as long as it does not exceed 90 days. This can occur if the applicant is delayed travelling to the UK. The period of delay will not be counted as an absence if it does not exceed 90 days. If the delay is more than 90 days, none of the period between entry clearance being issued and the applicant entering the UK can be included in the continuous period calculation.

[Amber]

Q17a, updated.

[azorpheunt]

FAQ 16(b) states that

b) If you have time in the UK as a "not-sponsored" migrant under certain immigration categories - UK ancestry; business person; investor; innovator; writer, composer, or artist; retired person of independent means; Tier 1 (General); HSMP (not applying under Appendix S of the rules, i.e. - after 5 years) - then absences must be for reasons connected with the applicant’s purpose for being in the UK or for serious or compelling compassionate reasons. Evidence must be provided for compelling or compassionate reasons only.

The highlighted bit is no longer correct.

Reference: Quote from the guidance notes regarding calculation of the continous period Indefinite leave to remain: calculating continuous period in UK:
(Please click on the image below to see the complete image in which important text from two pages has been highlighted)



Therefore, as it stands currently, documentary evidence is needed for ALL absences and not just for serious and compelling reasons

[geriatrix]

Amended.

[azorpheunt]

Hello sushdmehta,

Thank you.

I am not sure of the applicability of the following to 16(a), but according to the current guidance it *is* applicable for 'non-sponsored' (e.g T1G) applications. Could you please add the following to 16(b)?

The applicant is required to provide evidence in the form of a letter from the employer setting out the reasons for the absences, including annual leave. Likewise, applicant will also be required to provide evidence of absences on account of compassionate and compelling reasons.

Cheers

[kollkills]

Q3: I am not exempt. How do I go about fulfilling the requirement on the basis of a degree taught or researched in English?

This is with regards to
"If you hold an overseas qualification that you wish to use as evidence of English language proficiency"

I dont think that from 06-Apr-2016 applicants will need to apply for NARIC statement(s) in all the cases,

Because

As per the document "Knowledge of language and life in the UK -V19.0 published for Home Office staff on 20 June 2016"

Page 34 the below is stated.

"Before 6 April 2016, a PBS online points calculator printout, showing 10 points has been awarded for English language could be submitted, together with the original degree certificate, to satisfy the English language element of the Knowledge of Language and Life in the UK (KOLL) requirement.

The points based calculator was turned off on 6 April 2016. An official statement from UK NARIC must be obtained before applying. Further information is provided on http://www.naric.org.uk/visasandnationality.

If we have previously accepted a degree qualification as meeting the requirements for an earlier application, and leave was granted, we will not need additional confirmation from NARIC. If the qualification has not previously been used for an immigration application, or the previous application was refused, the applicant must obtain confirmation from NARIC that it meets the relevant criteria"

Based on the above official UKBA document, I think if you you have provided the NARIC Statement of Comparability letter along with Original Degree certificate and previous Visa has been granted then there is no need to submit any evidence for Knowledge of Language while applying for ILR.

KIndly let me know if my understanding is Correct ?

[nee]

Not sure how I landed on this indefinite-leave-to-remain/faqs-for-ilr ... 99638.html but noticed (while trying to post the correction for Q4) that there's another onetoo. May be worth removing the old FAQs page.

[shinhwa]

Does the FAQs page need to be updated? Getting confused from the contents there

[Kashifali]

Hello.

In question 2 there is a link to the policy guidance for Tier 1 General Migrant for settlement,

Can anybody please provide a link for the policy guidance for the Tier 1 Entrepreneur for Settlement.

Thanks

[CR001]

Hello.

In question 2 there is a link to the policy guidance for Tier 1 General Migrant for settlement,

Can anybody please provide a link for the policy guidance for the Tier 1 Entrepreneur for Settlement.

Thanks

Can you not use Google like we would have to???

https://assets.publishing.service.gov.u ... _07.18.pdf

Note that the FAQs you are referring to are only for the work permit employer based visas not Tier 1 Ent which you cannot work for an employer.

indefinite-leave-to-remain/faqs-for-ilr ... 99638.html

[moonlight55]

Q3: I am not exempt. How do I go about fulfilling the requirement on the basis of a degree taught or researched in English?

This is with regards to
"If you hold an overseas qualification that you wish to use as evidence of English language proficiency"

I dont think that from 06-Apr-2016 applicants will need to apply for NARIC statement(s) in all the cases,

Because

As per the document "Knowledge of language and life in the UK -V19.0 published for Home Office staff on 20 June 2016"

Page 34 the below is stated.

"Before 6 April 2016, a PBS online points calculator printout, showing 10 points has been awarded for English language could be submitted, together with the original degree certificate, to satisfy the English language element of the Knowledge of Language and Life in the UK (KOLL) requirement.

The points based calculator was turned off on 6 April 2016. An official statement from UK NARIC must be obtained before applying. Further information is provided on http://www.naric.org.uk/visasandnationality.

If we have previously accepted a degree qualification as meeting the requirements for an earlier application, and leave was granted, we will not need additional confirmation from NARIC. If the qualification has not previously been used for an immigration application, or the previous application was refused, the applicant must obtain confirmation from NARIC that it meets the relevant criteria"

Based on the above official UKBA document, I think if you you have provided the NARIC Statement of Comparability letter along with Original Degree certificate and previous Visa has been granted then there is no need to submit any evidence for Knowledge of Language while applying for ILR.

KIndly let me know if my understanding is Correct ?

Moderators: Can you confirm on the query above? I also would like to know if this is valid.