ILR for a person working with the High Commission.

[sunmoon]

One of my friends working in the UK with the High Commission of a Commonwealth country. He is working here for almost 5 years now and on his way of renewing it for further two years. Recently, a solicitor has advised him that he can apply for ILR and wanted to take his case. when my friend was discussing the issue with me I was surprised, as far as I know High Commission employees are not included for ILR with in the 5 years framework, they only can apply on the basis of 10 years long residence if they stay 10 years.

Comments from experts would be highly appreciated.

[geriatrix]

If the person has leave to remain in the UK in a category that is considered "exempt from immigration control", then the person cannot apply for settlement on the basis of that leave after 2 (marriage) / 5 (economic) years.

If a person has spent time in the UK exempt from immigration control, that time can be counted as continuous lawful residence for settlement application under the long residence.

Not everyone employed an overseas diplomatic post in UK may necessarily be in the UK under "exempt from immigration control" category.

[sunmoon]

Employment at High Commission is not relevant. What is relevant is the immigration status (and immigration history) of the person.

Thanks Sushdmehta...
He is an employee of the Foreign Ministry of his Country and transfer here in the UK to work for the high commission of his country. The visa stamp says like ... 'Working with xyz Land High Commission'. He is getting his wages from his government and not paying income taxes here.

[geriatrix]

See also Chapter 14 - Persons exempt from control

[sunmoon]

See also Chapter 14 - Persons exempt from control

Thanks...