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http://www.workingintheuk.gov.uk/workin ... ation.html
Changes to Immigration Rules for Indefinite Leave to Remain Applications
24 April 2006
Background
On 3 April 2006, revisions to the existing Immigration Rules will bring into effect the following, important changes:
The qualifying period for settlement, for individuals who are in the UK within an employment or business category or under the UK Ancestry provisions, will be increased from four to five years.
The maximum initial period of leave which can be issued in respect of most employment or business categories, (except for Work Permit holders, Retired Persons of Independent Means, domestic workers and Self employed lawyers), will be increased to two years. Subsequent applications to extend this initial period may be issued for a further period of up to three years.
The UK ancestry provision will still allow leave to be granted in 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 continue to be granted leave in line with the period indicated on their work permit/immigration employment document.
There are no changes to the initial grant of leave for domestic workers (in both private and diplomatic households) and those applying under the concession for Self Employed Lawyers (part of the Rules for Persons Intending to Establish Themselves in Business). As before, they will be granted a maximum of 12 months of leave at a time. The qualifying period for settlement will be 5 years.
Highly Skilled Migrants can continue 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. We have clarified this in the Immigration Rules.
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 changes will bring the requirements for settlement nearer to those for citizenship. They will also bring our practice for the qualifying period required in line with the European norm, under the Free Movement of Persons Directive for EEA nationals exercising treaty rights after 30 April 2006.
Transitional Arrangements
Any application made for entry clearance or limited leave to remain on or before 2 April will be considered under the Immigration Rules in place on that date (i.e. the old' rules). Therefore, for categories such as the Highly Skilled Migrant Programme, initial grants of leave to enter or remain will be granted for a period of up to 12 months. Applications submitted on or after 3 April will, where applicable under the revised Rules, have an initial grant of up to 24 months.
For applications for settlement submitted on or after 3 April, the applicant will need to have completed the new, 5-year qualifying period. If the applicant has not completed the required qualifying period, the application would normally be refused.
We will be updating the SET (O) and BUS application forms as quickly as possible so that they reflect these changes but this will not be completed immediately. However, in the meantime, information will be inserted in the guidance notes of these forms or enclosed with them explaining the new arrangements.
We recognise the difficulties customers may experience due to the forms not being updated immediately. Consequently, we are introducing an interim arrangement, whereby applicants who submit applications for settlement on or after 3 April, and have only completed 4 year's continuous leave, will be asked if they wish to vary the grounds of their application to an application for a further period of limited leave to remain. Applicants who do seek to vary their settlement application in this way will be requested either to complete the appropriate application form, or to provide any further information required for their application to be considered.
Where appropriate, work permit holders will also need to ensure that their employer applies for a fresh work permit.
This transitional arrangement will apply for applications submitted between 3 April, and the planned date for publication of the revised application forms in June 2006.
Once the revised application forms become available, any indefinite leave to remain application for which the new forms are prescribed will be refused, where the applicant has not completed the required 5-year qualifying period.
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