- FAQ
- Login
- Register
- Call Workpermit.com for a paid service +44 (0)344-991-9222
Immigration, work visa and work permit discussion board
ESC
Welcome to immigrationboards.com!
Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix
Fantastic Information. God bless you. Please help mepenanglad 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.
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.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.
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 refusedyasir785 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?
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.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
British Civil Service: Encyclopedia wrote:Senior Executive Officer (SEO)
