We received some delightful news earlier this week that our client’s (“the Applicant”) Tier 2 General Indefinite Leave to Remain application was granted. In our initial consultation with the Applicant, we had discussed the requirements for his Tier 2 General Indefinite Leave to Remain application. We explained what the requirements were under the Immigration Rules and Home Office Policy Guidance. In this particular case, the Applicant wanted to rely on his previous leave under the Tier 1 Entrepreneur route as well as his current Tier 2 General visa. Whilst combining leave (visas) for Indefinite Leave to Remain applications is not common, it is possible under the Immigration Rules (subject to the type of leave granted). Our Immigration Team prepared an exceptional application with strong legal representations in support of the Applicant’s application. The Applicant chose to use the Home Office premium visa service and received his visa within 24 hours.
Background to Tier 2 General Indefinite Leave to Remain success
The Applicant was an Indian national who had initially entered the United Kingdom on a Tier 4 Student visa. He then switched into a Tier 1 Post Study Work visa and then a Tier 1 Entrepreneur visa. In November 2016, he had applied to switch into a Tier 2 General work visa and now wanted to apply for Tier 2 General Indefinite Leave to Remain.
What are the benefits of applying for Tier 2 General Indefinite Leave to Remain?
The advantage of holding Indefinite Leave to Remain is that Applicants will no longer be subject to immigration control and there is no time restriction on how long they can reside in the United Kingdom. Further Applicants can also benefit from the public benefits and services such as medical care (NHS) and income support. Applicants who have acquired Indefinite Leave to Remain can apply for British citizenship after 12 months from the date of their Indefinite Leave to Remain. For example, if you were granted Indefinite Leave to Remain on 6 March 2019 you may be eligible to apply for British citizenship on 6 March 2019. Applicants who have acquired Indefinite Leave to Remain must be cautious of the conditions of their leave. It is not uncommon for the Home Office to revoke Indefinite Leave to Remain where an Applicant’s circumstances change.
What are the requirements for Tier 2 General Indefinite Leave to Remain applications?
In order to apply for Tier 2 General Indefinite Leave to Remain Applicants must meet the requirements listed under paragraph 245HF. In addition to the Immigration Rules Applicants must take into consideration the Home Office Policy Guidance. The Home Office Policy Guidance explains how each individual requirement should be met and what type of documents should be submitted. We have summarised the basic requirements for a Tier 2 General Indefinite Leave to Remain application below:
- Applicants must meet the suitability requirement;
- Applicants must have a valid Tier 2 visa;
- Applicants must have spent 5 years continuous and lawful residence in the United Kingdom;
- Applicants must not have been absent from the United Kingdom for a period over six months on any one occasion;
- Applicants must provide documentary evidence that their basic pay is at least equal to the appropriate rate for their job in accordance with the Codes of Practice in Appendix J;
- Applicants must also provide evidence that their current Tier 2 employer requires them for the employment in question for the foreseeable future; and
- Applicants must have sufficient knowledge of the English language and have sufficient knowledge about life in the United Kingdom.
In addition to the above, the Home Office will take into consideration the following:
- Age and strength of connections in the United Kingdom;
- Personal history, including character, conduct, associations and employment record;
- Domestic and compassionate circumstances.
It is also possible to combine leave under other categories towards the 5 years continuous lawful residence requirement i.e. you may be able to rely on both Tier 1 Entrepreneur leave and Tier 2 General leave (as long as your current visa is under the Tier 2 route).
Our Solicitors and Barristers regularly assist Applicants with successful Tier 2 General Indefinite Leave to Remain applications. Contact us for a detailed case assessment on your case or if would like some assistance in the preparation and submission of your application.
Using Legal Representation to submit Tier 2 General Indefinite Leave to Remain applications
Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to submit a Tier 2 General Indefinite Leave to Remain application.
Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your Tier 2 General Indefinite Leave to Remain application succeeds, all necessary documents must be provided.
This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your Tier 2 General Indefinite Leave to Remain application meets the Immigration Rules.
Successful Tier 2 General Indefinite Leave to Remain applications
Our team of solicitors and barristers are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your Tier 2 General Indefinite Leave to Remain application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of your Tier 2 General Indefinite Leave to Remain application and ensure that you meet all the requirements of the relevant rules.
We are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients. LEXVISA is just minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts.
Preparation is the key to a successful Tier 2 General Indefinite Leave to Remain application. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation.
Contact our London immigration solicitors on 02071830570 or complete our contact form.