Please check below some FAQ's
Some Frequently Asked Questions are covered below, and you may find that the answers to these help with your particular query.
Employment Routes: Continuous Residence
Q. When does my 5 year continuous period for settlement (ILR) start?
A. The continuous period is counted backwards from the date of application for ILR.
Example: Application date 11 November 2012
Year 1 11 November 2012 to 12 November 2011
Year 2 11 November 2011 to 12 November 2010
Year 3 11 November 2010 to 12 November 2009
Year 4 11 November 2009 to 12 November 2008
Year 5 11 November 2008 to 12 November 2007
Q. I received my grant of leave but delayed my entry to the UK; have I broken the 5 year continuous period for ILR?
A. No. Provided the delay was no longer than 90 days, we will count the time between you being granted entry clearance and coming to the UK towards the continuous period for ILR,
Q. If I delayed my entry to the UK by less than 90 days, can I still apply at a PEO 28 days before my leave expires?
A. Yes you can still make your application at a PEO 28 days before your current leave expires
Q. I have been absent from the UK for annual holidays, and to attend a number of business meetings; have I broken my 5 year continuous period for ILR?
A. If your absences within any 12 consecutive month period of the 5 year continuous period do not exceed 180 days, you will not have broken the continuous period for ILR. You must provide evidence of all absences.
Q. I have been absent from the UK on business trips and have exceeded the 180 day limit over one or more of the 12 consecutive month periods; have I broken my continuous period for ILR?
A. Yes, even if the180 day limit is exceeded by only 1 day.
Q. If I have been outside of the UK for less than 24 hours, will this count as one day’s absence from the UK?
A. No, only whole days will be counted towards the 180 day limit
Q I was a work permit holder, but will be applying for settlement as a Tier 1 (General) migrant, do I need to provide evidence of work related absences for both periods of leave?
A. You only need to provide evidence for absences incurred during the period of leave as a work permit holder
Q. I was absent for 95 days in a single absence, have I broken the continuous period for ILR?
A. No, a single absence exceeding 90 days will not break continuity, but continuity will be broken if absences in any of the12 consecutive month periods that make up the continuous period exceed 180 days.
Q. My absences exceeded the 180 day limit in one year of my consecutive period, can this be disregarded if my employer provides evidence that it was essential to the business?
A. No. There can be no discretion applied to any absence exceeding 180 days in any of the consecutive 12 month periods of the continuous period.
Q. I was absent for more than 180 days in one of my consecutive 12 month periods, but had no further absences from the UK throughout the remainder of my continuous period. Was my continuous period broken?
A. Yes. Regardless of absences in any other 12 month period, if the 180 day limit is exceeded in only one 12 month period, continuity will be broken.
For more details, please also see the following link to the Continuous Residence guidance on our website:
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary
Long Residence (10 Years): Continuous Residence
Q. I have previously made an application for further leave to remain 7 days after my original leave expired. Will my residence in the UK be deemed as legally continuous?
A. A single period of 10 days or less with no valid leave to remain in the UK will be disregarded and so for these purposes your legal leave shall be deemed to have been continuous.
We will also allow your ILR application to be submitted up to 28 days after your last period of further leave expires.
Family Members: Continuous Residence
Q. I need to meet a qualifying period before applying for settlement (ILR). When does this period begin?
A. If you entered the route overseas, the qualifying period will begin when you arrive in the UK. If you ‘switched’ into the route within the UK, the qualifying period begins on the date you were granted leave.
Family Members – Transitional Arrangements
Q. I was granted leave onto the Family route before the Rules change on 9 July 2012. Do I need to meet the new Rules at my next application?
A. No, anyone granted leave on the basis of the Rules in place before 9 July 2012 will need to meet those Rules when applying for further leave or settlement. Please see our website:
http://www.ukba.homeoffice.gov.uk/visas ... fore9july/
Family Members – Financial Requirement
If you need to meet the financial requirement, guidance on this is available on our website:
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary
English Language requirement for Leave to Remain as a Family Member
Q. Do I need to meet the English Language requirement?
A. You will need to meet the requirement if you are applying for Entry Clearance or Leave to remain as a Partner or as a Parent of a person settled in the UK.
Q. What can I do to meet this requirement?
A. You can meet the requirement in one of the following ways:
· by passing an acceptable test at a minimum level A1 of the Common European Framework of Reference for Languages (CEFR) with an approved provider, or
· by being a national of a majority English speaking country, or
by having an academic qualification equivalent to a Bachelor’s or Master’s degree or PhD in the UK, which was taught in English.
Further information is available on our website:
http://www.ukba.homeoffice.gov.uk/visas ... -language/
Q. Is this the same as the Knowledge of Language and Life (KOLL) requirement at Settlement and Citizenship?
A. No, this is a separate requirement and asks for a different level of English. Unlike KOL, you cannot use the Life in the UK test to meet this requirement.
Knowledge of Language and Life (KOLL) requirement for Settlement
Q. The Life in the UK test is changing on 25 March 2013. If I take my test before then, will my Pass Notification Letter (PNL) be invalid?
A. No, there is no expiry date for PNLs. You can still use your PNL if you make your application to UKBA after 25 March 2013.
Further information on the current ways to demonstrate the KOLL requirement is available on our website:
http://www.ukba.homeoffice.gov.uk/visas ... nstrating/
Dependants of Points Based System (PBS) MigrantsQ. I am the dependant of a PBS Migrant who has now become settled in the UK. Do I need to switch into the ‘Partner of a Settled Person’ category?
A. This will depend on how the PBS Migrant applied for settlement. If they were granted on the basis of being a PBS Migrant (under Tier 1 or Tier 2) then you will not need to switch and you can apply for an extension as a PBS dependant until you meet the requirements for settlement yourself. Apply for further leave on the ‘PBS Dependant’ application form.
If the PBS Migrant applied for settlement under the Long Residency provision, then you can no longer be considered as a PBS Dependant and you must apply for Leave to Remain as the ‘Partner of a Settled Person’ on application form FLR(M).
Further information is available on our website:
http://www.ukba.homeoffice.gov.uk/polic ... ansitional provisions
Q. I switched into the ‘Partner of a Settled Person’ category before 9 July 2012; do I begin my qualifying period again?
A. No, you can combine leave as a PBS dependant with leave as the partner of a settled person to meet the qualifying period under paragraph 287.
Q If I have leave as a PBS dependant, what form do I use when I apply for settlement?
A Form SET(O)
Q If I have leave as a Partner of a Settled Person what form do I use when I apply for settlement?
A Form SET(M)
Criminality Requirement for Settlement
From 13 December 2012 applicants must not fall for refusal under the general grounds for refusal.
Please refer to the full criminality guidance within General guidance for more information:
http://www.ukba.homeoffice.gov.uk/sitec ... -refusing/
If you applied before 13 December 2012, you must still meet the criminality requirement for settlement
Please see the following link to the criminality guidance:
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary
Requests to Return Your Documents or to Withdraw an Application
Applicants requesting the withdrawal of their application or a document to be returned from an application must use the correct form on our website:
http://www.ukba.homeoffice.gov.uk/about ... documents/
Applications will not be passed for urgent consideration unless the applicant is prepared to withdraw the application and only if a decision cannot be made in a timely manner. If the caseworker cannot consider the application before the travel date or in a timely manner, then it may be withdrawn in order to meet travel requirements.
Requests to Expedite an Application Please note, this is not the correct address for these enquiries and you should contact the relevant casework department. We will forward any enquiries we do receive to the correct department but we will not provide an individual response.
Thank you
Settlement Operational Policy Team
