http://www.ind.homeoffice.gov.uk/ind/en ... ation.html
13 March 2006
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
Q & A
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.
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