ILR in 5 years instead of 4 ?

[capricorn22]

There've been some rumours in the press about forthcoming radical changes to the immigration policy in the UK and to the rules for an ILR in particular.They say the qualifying period for an ILR (on WP) is going to be extended to 5 years.

I am worried about that as I'll have 4 years on WP in November this year and I need to get an ILR by the end of the year badly.

I wonder if anyone has more detailed information about when these changes are likely to be implemented.

[John]

The UK Government has indeed mentioned this as a possibility, some time ago. It has announced that detailed proposals will be issued in the Spring of this year.

My own guess, and I emphasise that is all it is, is that those already with a current WP or HSMP visa to take them up to four years will not be affected by this. That is, I expect the proposal to affect only those still needing a visa to get them up to the four-year point.

My argument is that the last thing that IND want is lots of people applying for a one year extension to their current visa.

But we shall have to wait and see what the Government actually proposes to do.

There is also talk that a language test might be required to get ILR. Again we shall have to wait and see.

[capricorn22]

Thank you very much,John.

[lemess]

I think this will happen simply because 5 years for a permanent residence permit seems to be standard everywhere else in Europe. I also think at some stage they might bring in a good character check for ILR. At the moment there is a ridiculous situation that someone who is "not of good character" can get ILR and continue to live and work in the country for good but cannot become a citizen ! Take Al Fayed - he is not considered a desirable citizen but has the total right to live and own businesses in the UK. Had he been a commonwealth citizen he would have had the ability to vote as well !

A lot of countries like Canada , the USA etc. require a police check at the permanent resident stage and I think sooner or later that will happen here.

[JAJ]

I think this will happen simply because 5 years for a permanent residence permit seems to be standard everywhere else in Europe. I also think at some stage they might bring in a good character check for ILR. .

A health check (like Australia has) probably wouldn't hurt either.

Although as regards the 5 year timescale, just because the rest of Europe does something a particular way doesn't make it a good idea.

[tvt]

My argument is that the last thing that IND want is lots of people applying for a one year extension to their current visa.

They will be happy to get a flood of applications at £335 / £500 per application. Even if they recruit only top barristers to process the applications they will still be left with some change.

[lemess]

Although as regards the 5 year timescale, just because the rest of Europe does something a particular way doesn't make it a good idea.

Given that a UK naturalised citizen instantly acquires the right to live and work across the EU, it would make sense for similar broad standards of ILR and naturalisation to be applied everywhere and a harmonisation to occur. Also given that the UK seems to have less severe ILR requirements than others at the moment, it is logical to expect that in the current climate it is more probable that these will become stricter as opposed to most european ones becoming more lenient.

[tt]

5 years as the necessary qualification period to become a Permanent Resident, which in the UK is also referred to as ILR (ILE), is now becoming standard across the EU.

EU Directive 2003/109/EC of 25 November 2003 concerning the status of third-country nationals who are long-term residents, which had to be implemented by 23 Jan 2006, in fact applies to ALL EU countries, except the UK, Ireland (not because Ireland wants to, but because it is tied to the free movement agreement between the UK and Ireland), and Denmark (which nevertheless, has been hooked into the Schengen borderless agreements with ALL the other EU countries except the UK and Ireland).

This EU Directive, which I believe the UK eventually wants to become part of, (and thus Ireland will follow), makes it absolutely clear that to become a "EU long-term resident", there must be a 5 year period, and with that, one can then move around the EU with all the rights of a permanent resident of any other EU country.

The 4 year period in the UK to become a permanent resident (ILR/ILE) will therefore become more and more irrelevant.

I think THIS lies behind some of the present thinking.