ILR Changes

[alxale]

Hi guys I am wondering if we are screwed yet again

Check this out
https://www.gov.uk/government/uploads/s ... ssible.pdf

13. Delete paragraph 135G and substitute:
“Requirements for indefinite leave to remain as a highly skilled migrant
135G. The requirements for indefinite leave to remain for a person who has
been granted leave as a highly skilled migrant are that the applicant:
(a) has spent a continuous period of 5 years (or 4 years where the applicant
received a Highly Skilled Migrant Programme approval letter issued on
the basis of an application made before 3 April 2006, and was
subsequently granted entry clearance or leave to remain on the basis of
that letter) lawfully in the United Kingdom; and
(b) on the date that the continuous period of 5 years (or 4 years as
appropriate, as set out in (a)) ends, has leave as a highly skilled
migrant, and has spent the remainder of the period with leave as a
highly skilled migrant, a work permit holder or an Innovator; and

Paragraph B - Does this means that those who applied via PEO recently 28 days before the end of their leave have to apply for another leave as he/she does not have leave at the last day of the 5 years continuous period ????

[vignezh]

But these changes are coming in after 5may14. If you have obtained or applied before this date, it doesn't matter...?

[alxale]

I'm guessing paragraph 135G is not specifically stated so will take effect on 6 April 2014?


(c) With regard to the other changes, if an applicant has made an application for
entry clearance or leave before 6 April 2014, the application will be decided in
accordance with the Rules in force on 5 April 2014.

[vignezh]

it also states Tier 1 extensions will stop in April 2015 and ILR through this in April 2018

[benneviss]

I do not think that it means that you could not apply before 28 days .

If you go with strict 5 years deadline , then you could not apply before on time and become over stayer .

It is right that this rules apply from 6 April 2014 but still 28 days would remain in place to avoid any complication of overstaying .

It also says that ILR before 2018 .

I have to say that it was established by the EU court long back in 1994-95 that any country could not extend time limit for a permanent residency beyond five years .

So let see how it goes.

[mhkhan]

Dear All,

Based on this post, does this mean those who will apply for ILR in June 2014 will not be considered if their 5 years fell short by less than 3 months due to entering the UK in 2009 after 2 months of getting the first Tier 1?

Thanks.

[SriGan]

Dear All,

Based on this post, does this mean those who will apply for ILR in June 2014 will not be considered if their 5 years fell short by less than 3 months due to entering the UK in 2009 after 2 months of getting the first Tier 1?

Thanks.

No. Your safe provided if you dont fall under general grounds of refusal.

[mhkhan]

Thanks - then I wonder what are the new changes.

[benneviss]

Any seniors could please comment on my interpretation of the changes ?

28 days rule would in place or not ?

[smartkhan]

I think there are no changes in rules. They just updated the guidance notes and removed all confusions.

[smartkhan]

Any information on this? What are the changes? Amber_? Vinny?

[alxale]

This is definitely a new clause - did not exist before...

(b) on the date that the continuous period of 5 years (or 4 years as
appropriate, as set out in (a)) ends, has leave as a highly skilled
migrant, and has spent the remainder of the period with leave as a
highly skilled migrant, a work permit holder or an Innovator; and

[SriGan]

This is definitely a new clause - did not exist before...

(b) on the date that the continuous period of 5 years (or 4 years as
appropriate, as set out in (a)) ends, has leave as a highly skilled
migrant, and has spent the remainder of the period with leave as a
highly skilled migrant, a work permit holder or an Innovator; and

Hi Alxale,
Regd the change, the points are rephrased now deleting the obsolete sections.
To be exact earlier it was 135G(i) and now after deleting obsolete sections, it is 135G(a) and (b).
If you could explain your current situation, people in this forum can help you out with. Hope it clarifies well.

Earlier:

135G. The requirements for indefinite leave to remain for a person who has been granted leave
as a highly skilled migrant are that the applicant:

(i) has spent a continuous period of 5 years (or four years where the applicant is
applying under the terms set out in Appendix S) lawfully in the United Kingdom, of
which the most recent period must have been spent with leave as a highly skilled
migrant (in accordance with paragraphs 135A to 135F of these Rules), and the
remainder must be made up of leave as a highly skilled migrant, leave as a work
permit holder (under paragraphs 128 to 133 of these Rules), or leave as an Innovator
(under paragraphs 210A to 210F of these Rules);

Now:
135G. The requirements for indefinite leave to remain for a person who has
been granted leave as a highly skilled migrant are that the applicant:
(a) has spent a continuous period of 5 years (or 4 years where the applicant
received a Highly Skilled Migrant Programme approval letter issued on
the basis of an application made before 3 April 2006, and was
subsequently granted entry clearance or leave to remain on the basis of
that letter) lawfully in the United Kingdom; and
(b) on the date that the continuous period of 5 years (or 4 years as
appropriate, as set out in (a)) ends, has leave as a highly skilled
migrant, and has spent the remainder of the period with leave as a
highly skilled migrant, a work permit holder or an Innovator;

[alxale]

I have a very simple situation actually

Initial Leave - 10 June 2010 - 10 June 2013 (Entered UK 10 June 2010)
Extension - 2 June 2013 - 2 June 2015 (PEO Extension)

So there is a shortfall by 8 days covered by the 28 days rule

With the new changes, I am wondering if I am forced to do a 2nd extension as on the date at the end of my continuous 5 years (10 June 2015), I will not have a valid leave (since it expired 2 June 2015).

[SriGan]

I have a very simple situation actually

Initial Leave - 10 June 2010 - 10 June 2013 (Entered UK 10 June 2010)
Extension - 2 June 2013 - 2 June 2015 (PEO Extension)

So there is a shortfall by 8 days covered by the 28 days rule

With the new changes, I am wondering if I am forced to do a 2nd extension as on the date at the end of my continuous 5 years (10 June 2015), I will not have a valid leave (since it expired 2 June 2015).

Hi Alxale, Your case doesn't look simple as it seems to be. With the leave you have had/having does not summate to 5 years. Some experienced senior people in this forum should advice you. You may have to apply for an extension very well in advance as by April 2015 next year T1 extn will be stopped.(Assuming u r in T1 Gen).

[vinny]

13. Delete paragraph 135G and substitute: “Requirements for indefinite leave to remain as a highly skilled migrant ...

Note that 245CD will be applicable for ILR under Tier 1 (General).

[benneviss]

Any seniors could please comment on my interpretation of the changes ?

28 days rule would in place or not ?

[alxale]

Yes I am on Tier 1G
If that is the case, then those who extend their Tier 1 G by PEO will need another extension as recently the extension has been given from the date of approval , not the original end date of the visa (unless they go to PEO on the last day of the original leave)

It is just money, no doubt - but the fees for extension now sure costs a bomb

[argus7]

Does this mean that you cannot apply for ILR in July 2015?
Or no one cant extend LTR after April 2015?
Case:

15Th July 2010 - 15Th July 2012 Initial Grant
06th July 2012 - 15th July 2015 Extension at PEO

ILR due in July 2015.

[smartkhan]

Can somebody please put some light on 28 day rule? I can't see any changes to 28 days rule in new ilr changes. Where did you guys read that?

[raju4u]

SO it means that you can not book a PEO appointment before 28 days of ur visa expiry? so it will be only through postal then. that is ridiculous. why they have to tight things every year when the category is already closed? If they do not want to give ILR then simply set a quota from day 1, why this torture every year, this is ridiculous.

[travelite8]

[quote="alxale"]

Paragraph B - Does this means that those who applied via PEO recently 28 days before the end of their leave have to apply for another leave as he/she does not have leave at the last day of the 5 years continuous period ????[/quote]

My understanding is, on the date that the continuous period of 5 years ends, the person has to be a Tier 1 holder to be eligible for ILR.

[neesh]

i dont understand what new rules made people to interpret that 28 days rules wont apply after 6th April. i called ukba today and asked them to clarify this and they said they have not been told anything about the 28 days rule being taken away. as per the lady on the other side, the 28 days rule is for ALL visa categories and it stays.

[benneviss]

You may be right on saying that 28 days rule would be in place even after 6 April 2014 .

As I understand 28 days rule applies to so many category in addition to Tier-1 . So , they cannot take away from tier-1 and keep it same for rest of the category .

However, this is an another example of HO to keep everyone in dilemma and give stress to those working and paying taxes.

We don't have any option except to wait until 6 April when we have a new form with the guidance. If any one recollect , HO had introduced this 28 days rule as a concession and they could legally withdraw this discretionary concession given to all categories.

I can see that some of us who had obtained their extension visa at PEO might have to apply for another extension even for 2 days if HO withdraws 28 days rule.

so finger crossed and wait for 6 April 2014.

[KASHIF830]

hi guys

my case situation is here what do you suggest:

Initial application (postal) 16 June 2010 to 16 June 2012
Extension application (PEO) 8 June 2012 to 16 June 2015 (PEO appointment on 8th June 2012 at Croydon)

I went 8 days before my expire but case work said to me that she is giving from today (8 june 2012) till 16 june 2015 means she added my days in extension to avoid another extension.

so can you I apply before 28 days of expiry my visa, means my visa is expiring on 16 June 2015 so Can I apply after 20th May 2015 as I also want to go PEO for ILR.

thanks
kashif