5 years for ILR rule implemented

[dabar]

HO announcement at
http://www.ind.homeoffice.gov.uk/ind/en ... ation.html

From March 13 2006, there will be important changes in Immigration Rules, which will affect people applying for leave to remain, and indefinite leave to remain (or settlement), in the UK. The changes will take effect from 3 April this year.

The changes, in summary, are: -

For all employment-related categories of entry to the UK, and those who have entered under the Ancestry category, the qualifying period for indefinite leave to remain (settlement) is now 5 years.


Please see the web link for more details. Beware it is very slow.

[dabar]

Extract from the Questions and Answers doc from the above link:

5. What will happen to people who have already made an application for settlement before 3 April?

Transitional arrangements are in place to ensure that those who apply before the changes will have their applications handled under the old rules, even if the decision is made after 3 April. The date of application will be the date of postage.

We also have transitional arrangements for those who apply for settlement immediately after 3 April having only completed 4 years in the UK. Those applicants will have the opportunity to vary their application from a settlement application to a one-year leave to remain application without losing their original application fee. Work Permit holders will also require their employer to apply for a new work permit.

[indian_in_uk]

Are they really planning to implement it from April'2006??

What will happen to candidates who are planning to apply for ILR in next 3-4 months?

[K2004]

this is a bit unfair,

so those who complete their 4 years period just after 3 April are now supposed to wait another year? they should apply this new rules on the people who just arrived in the UK, not those who alreadfy been here long time and expecting the ILR soon.

[indian_in_uk]

This is indeed very unfair.

I will be completing my four years in July and was looking forward to ILR within three months and now it seems I have to wait for another full year for the same.

They should have changed the rules for candidates who have entered in the UK recently. It seems another way of making money.

[tvt]

This is exactly what I was expecting them to do.

Migrants have no say at all so that's it.

[Chris]

They should have changed the rules for candidates who have entered in the UK recently. It seems another way of making money.

You hit the nail on the head. Another way of making money.....

[Smit]

No doubt these news will come as a disappointment to those here on HSMP whose 4 year period comes up after April 2006.

I guess those who are on the 3 year extension will need to make another FLR application for atleast 1 year and yet the Govt is proposing to give ILR to tier 1 applicants after only 2 years.

This announcement in my opinion shows a flaw and contradiction in the Govt. policy at least as fas as existing HSMP visa holders are concerned. But I add that I haven't yet read the full rules thanks to the problems with the IND website.

[indian_in_uk]

Can anyone post the full article here as I am not able to open the IND website from here

[tvt]

The rules themselves have not been published yet.

So far the IND published:

1. A press release (which was basically summarised above).
2. A short FAQ.

[yodiyokun]

This is changing the goal post at the end of the game.

this is just 3 weeks notice. Not fair at all.

[indian_in_uk]

Ridiculous indeed it is..

[mhunjn]

Don't know the complete details as yet... but agreed that it's not good for people who already have WP issued!... especially ones who qualify for ILR this year!...
Any similar change in law should be for fresh WP applicants...

[Dawie]

The IND can't even manage their website properly, how do you expect them to manage an immigration policy?

I just recently got my ILR in January. I have many friends who are currently on work permits and HSMP visas so I can honestly say I feel your pain. I think everyone was expecting this policy to be applied to new work permit and HSMP visa applicants and NOT applied retrospectively which it seems it will be.

[ForeignMan]

they are also considering changing the nationality period to 2 years on ILR. But I haven't read this anywhere myself so coud be wrong about it.

I think we should be grateful that they haven't changed it to say 7 years on WP for ILR. Their country their rules basically.

[John]

The IND website is ridiculously slow. Here is the main statement :-

From March 13 2006, there will be important changes in Immigration Rules, which will affect people applying for leave to remain, and indefinite leave to remain (or settlement), in the UK. The changes will take effect from 3 April this year.

The changes, in summary, are: -

* For all employment-related categories of entry to the UK, and those who have entered under the Ancestry category, the qualifying period for indefinite leave to remain (settlement) is now 5 years.


* The initial grant of leave to remain will now be 2 years (except for Work Permit holders and Retired Persons of Independent Means), followed by a subsequent period of up to 3 years. The rules previously allowed for an initial period of up to 12 months leave to be granted, followed by a subsequent period of up to 3 years,


* The UK ancestry provision has been changed to allow leave to be granted in a 2 and 3 year pattern, rather than allowing one single period up to the settlement qualifying period.


* Retired Persons of Independent Means will still be eligible for one single period of leave all the way up to the settlement qualifying period as before.


* Work Permit holders will still be eligible for an initial grant of leave up to the currency of their work permit.


* Highly Skilled Migrant's will now be able to amalgamate continuous time spent in the UK as a work permit holder, Highly Skilled Migrant and / or an Innovator when applying for indefinite leave to remain as a Highly Skilled Migrant.


This Statement of Changes in Immigration Rules will be laid before Parliament on 10 March 2005. The Government announced these changes to the Immigration Rules in February 2005 in its paper "Controlling Our Borders: the Five Year Strategy for Asylum and Immigration". These will bring the requirements for settlement nearer to those for citizenship; and to bring the UK's practice for the qualifying period required in line with the rest of the European Union.

This Statement of Changes in Immigration Rules will be incorporated into a consolidated version of the Immigration Rules which can be found under the 'Laws & Policy' page where there are also copies of all the Statement of Changes in Immigration Rules issued since May 2003.

A more detailed question and answer is available below:

Questions and Answers (28 Kb)

Queries should be addressed to the Home Office's Immigration and Nationality Enquiry Bureau on telephone: 0870 067766 or by e-mail: indpublicenquiries@ind.homeoffice.gsi.gov.uk

I shall now try to get the Questions and Answers and post that as well.

[dabar]

Here is the Q and A doc

1. What are the main changes to obtaining settlement in the UK and whom will they affect?

The main change is that the qualifying period, that is the amount of time that has to be spent lawfully being here, is being increased from 4 years to five years.

The only people affected are those in employment related categories of migration and those who have entered under the UK Ancestry category. This includes those in work permit employment, those setting up in business or self-employment; investors; innovators; and anyone whose basis of stay is primarily employment related.


2. Do these applicants still have to meet other requirements?

Yes, if in employment, they still have to show that there is a need for their skills and that their employer is going to use them for the foreseeable future. They will have to show that they are able to support themselves and any dependants without recourse to public funds.

Those not in salaried employment, e.g. investing, continuing in business or self-employment, etc., still have to show that they are maintaining the purpose for which they came, and that they can support themselves and any dependants without recourse to public funds.


3. What is the purpose of these changes?

In its paper ‘Controlling Our Borders’ the Government set out its view that permanent migration must also be a journey towards being as socially integrated as possible. Those in employment related routes to settlement now have to spend 5 years working in the UK before being eligible to apply for settlement. This brings us in line with the European norm for these purposes, and helps to ensure that settlement is a final stage of an on-going process of building an attachment to the UK.


4. When will the changes take place?

The changes will take effect from 3 April this year. They were announced as far back as February 2005 in the ‘Five Year Strategy for Asylum and Immigration’ where we said that ‘skilled workers will need to have been present, in employment and contributing to the Exchequer for five years (rather than four as now) before becoming entitled to apply for settlement’.


5. What will happen to people who have already made an application for settlement before 3 April?

Transitional arrangements are in place to ensure that those who apply before the changes will have their applications handled under the old rules, even if the decision is made after 3 April. The date of application will be the date of postage.

We also have transitional arrangements for those who apply for settlement immediately after 3 April having only completed 4 years in the UK. Those applicants will have the opportunity to vary their application from a settlement application to a one-year leave to remain application without losing their original application fee. Work Permit holders will also require their employer to apply for a new work permit.


6. Will this lead to other changes in the way that applications are dealt with?

Some of the associated patterns will change but these are not substantial changes. Thus, for most people, a 5-year qualifying period leads to a pattern of leave being granted of 2-years followed by 3-years. This will be of benefit to those setting up in business or entering as investors, innovators and in a self-employed capacity where a 2-year initial leave period for establishing oneself is more realistic.


7. What other changes will applicants notice?

In order to qualify for settlement after 4 years, applicants were required to show that they would remain in employment, or viable self-supporting activity, for the foreseeable future. We are simply asking this state of affairs to continue and to be marked after 5 years instead of four.

The only group required to make an additional application under these changes are those applying under the UK ancestry provisions. This is because the alternative would have been to grant up to 5 years leave to enter from the beginning and this is regarded as too long a time for most groups to be without contact with the authorities. In addition, work permit holders with four years leave to enter and remain will need their employer to apply for a further work permit.


8. When you say that this change will bring us in line with the European norm, what exactly do you mean?

The European pattern is for people to be granted residence in order to pursue employment and for this to become permanent residence after 5 years. This becomes a right for EU nationals under the Free Movement of Persons Directive for EEA nationals exercising treaty rights after 30 April 2006.

[Smit]

Funnily enough there is no reference to HSMP in the Q & A document, esp. paragraph numbered 7 which implies that only Ancestory and work permit holders will be required to make further applications.

Smit

[John]

The Q&A documents reads :-

Changes to the Settlement Rules to take effect from 3 April 2006 - A question and answer brief

1. What are the main changes to obtaining settlement in the UK and whom will they affect?
   
   The main change is that the qualifying period, that is the amount of time that has to be spent lawfully being here, is being increased from 4 years to five years.
   
   The only people affected are those in employment related categories of migration and those who have entered under the UK Ancestry category. This includes those in work permit employment, those setting up in business or self-employment; investors; innovators; and anyone whose basis of stay is primarily employment related.
2. Do these applicants still have to meet other requirements?
   
   Yes, if in employment, they still have to show that there is a need for their skills and that their employer is going to use them for the foreseeable future. They will have to show that they are able to support themselves and any dependants without recourse to public funds.
   
   Those not in salaried employment, e.g. investing, continuing in business or self-employment, etc., still have to show that they are maintaining the purpose for which they came, and that they can support themselves and any dependants without recourse to public funds.
3. What is the purpose of these changes?
   
   In its paper ‘Controlling Our Borders’ the Government set out its view that permanent migration must also be a journey towards being as socially integrated as possible. Those in employment related routes to settlement now have to spend 5 years working in the UK before being eligible to apply for settlement. This brings us in line with the European norm for these purposes, and helps to ensure that settlement is a final stage of an on-going process of building an attachment to the UK.
4. When will the changes take place?
   
   The changes will take effect from 3 April this year. They were announced as far back as February 2005 in the ‘Five Year Strategy for Asylum and Immigration’ where we said that ‘skilled workers will need to have been present, in employment and contributing to the Exchequer for five years (rather than four as now) before becoming entitled to apply for settlement’.
5. What will happen to people who have already made an application for settlement before 3 April?
   
   Transitional arrangements are in place to ensure that those who apply before the changes will have their applications handled under the old rules, even if the decision is made after 3 April. The date of application will be the date of postage.
   
   We also have transitional arrangements for those who apply for settlement immediately after 3 April having only completed 4 years in the UK. Those applicants will have the opportunity to vary their application from a settlement application to a one-year leave to remain application without losing their original application fee. Work Permit holders will also require their employer to apply for a new work permit.
6. Will this lead to other changes in the way that applications are dealt with?
   
   Some of the associated patterns will change but these are not substantial changes. Thus, for most people, a 5-year qualifying period leads to a pattern of leave being granted of 2-years followed by 3-years. This will be of benefit to those setting up in business or entering as investors, innovators and in a self-employed capacity where a 2-year initial leave period for establishing oneself is more realistic.
7. What other changes will applicants notice?
   
   In order to qualify for settlement after 4 years, applicants were required to show that they would remain in employment, or viable self-supporting activity, for the foreseeable future. We are simply asking this state of affairs to continue and to be marked after 5 years instead of four.
   
   The only group required to make an additional application under these changes are those applying under the UK ancestry provisions. This is because the alternative would have been to grant up to 5 years leave to enter from the beginning and this is regarded as too long a time for most groups to be without contact with the authorities. In addition, work permit holders with four years leave to enter and remain will need their employer to apply for a further work permit.
8. When you say that this change will bring us in line with the European norm, what exactly do you mean?
   
   The European pattern is for people to be granted residence in order to pursue employment and for this to become permanent residence after 5 years. This becomes a right for EU nationals under the Free Movement of Persons Directive for EEA nationals exercising treaty rights after 30 April 2006.

Ordinarily I would not post such a long document but in view of IND's incompetence at the computer level I feel this is necessary.

[timefactor]

Bad Luck! mine will be due in Sept 2006. TBH i was counting my days

[indian_in_uk]

and mine was due on 4th July 2006

[mhunjn]

I also know of people who had their ILR due in July'06... real bad luck!... Some of them woiuld complete 5 yrs ... 1yr student + 4yr WP

I wonder if it's possible to appeal for these cases?... clearly, they (people in 4th year of WP) should not be penalised for govt's change in policy!...

[indian_in_uk]

I am really pissed off, they have spoiled my mood and my day....

I got an excellent mortgage deal from Intelligent Finance yesterday, they were ready to offer a very good mortgage rate and ready to waive off Higher lending charge keeping in mind that I will get my ILR in July'2006 but know this wont be possible courtesy of change in ILR rules

[tvt]

There is no direct way to appeal against this.

The only way to challenge this would be by applying for Judicial Review on administrative law grounds like Legitimate Expectations and the like.

[yodiyokun]

Nothing was really mentioned about HSMP.
Do we assume that EC for new applicants will be for 2 years and will be renewable for another 3 years??