Parts 5, 6 and 6A of the Immigration Rules include provision for indefinite leave to remain for work and economic activity-related routes of entry – for example work permit holders, businesspersons, investors, Tier 1 and Tier 2 of the Points Based System.
The requirement for a continuous period of lawful residence in the UK is common to all these routes. There is no definition of UK for the purpose of the Immigration Rules, but the Interpretation Act 1978 defines the UK as Great Britain and Northern Ireland. This
excludes the Crown Dependencies (the Bailiwicks of Guernsey and Jersey and the Isle of Man) and time spent there in a specified category has not counted toward indefinite leave to remain in the UK. The Crown Dependencies are, however, part of the Common Travel Area (CTA). Under Schedule 4 of the Immigration Act 1971, leave granted in the Crown Dependencies is treated as if it has been granted in the UK. The Rules have therefore been amended so as to include time spent in the Crown Dependencies in specified categories in the calculation of the continuous residence period for indefinite leave to remain in the UK in categories in Parts 5, 6 and 6A.
Amendments are being made to the continuous residence requirement for indefinite leave to remain for Tier 1 (General), to clarify that absences from the UK must be for a specific reason. 7.30 A concession from the requirement to be paid at the appropriate salary rate at the time of the indefinite leave to remain application, owing to a reduction in pay due to maternity, paternity or adoption leave, is being brought into the Rules for work permit holders, Tier 2 (Intra-Company Transfer) and Tier 2 (General).
If you are now eligible to apply for indefinite leave to remain based on the 5 years route or would like to seek legal advice whether you meet the new requirements, please e-mail us on info@icslegal.com or call us on 0207 237 3388.
