Statement of Changes HC1154 – Changes to Tier 2 Indefinite Leave to Remain (Settlement) applications

We have recently written about the changes introduced to the Tier 2 General visa Category introduced under the Statement of Changes HC1154. As of 6 April 2018, Tier 2 Doctors and Nurses will be exempt from the annual Tier 2 Limit allocation limit. In addition to this, there were changes introduced to the Tier 2 Indefinite Leave to Remain rules. Applicants can apply for Indefinite Leave to Remain once they have acquired 5 years of continuous leave on the Tier 2 visa category.  

What changes are being introduced to the Tier 2 Indefinite Leave to Remain applications?

One of the key requirements (explained in detail below) Applicants must meet in their Tier 2 Indefinite Leave to Remain application is the residency requirement. Applicants are required to show 5 years of continuous residency in the United Kingdom with no more than 180 days absences in any 12 month period during the qualifying period. The 2 changes made to the Tier 2 Indefinite Leave to Requirement are as followed:

  • A new transitional arrangement is being applied to ensure that the new absences calculation rule (implemented under the Statement of Changes HC309) does not adversely affect applications whose absences are prior to 11 January 2018.
  • Provisions setting out when an Applicant’s continuity of leave is not broken are currently more generous for in-country applications than for entry clearance applications (where Applicants have otherwise had continuous stay in the UK but happen to be overseas when their previous leave expires). Changes are being made to bring the entry clearance provisions into line with the more generous in-country provisions.

If you require assistance in calculating your absences or exceed the threshold please do not hesitate to contact us. It is possible to submit representations to the Home Office explaining the mitigating circumstances behind the absences.

What are the requirements for a Tier 2 Indefinite Leave to Remain application?

Applicants can apply for Tier 2 Indefinite Leave to Remain once they have reached 5 years continuous leave in the United Kingdom as a Tier 2 worker. Applicants should be aware that the only exception is, you can only include valid leave acquired under the Tier 2 Intra-Company Transfer (ICT) if the continuous 5 years includes a period of leave as a Tier 2 ICT worker under the old rules before 6 April 2010 or you were issued with a Work Permit because you were the subject of a Tier 2 ICT. Applicants who applied for a Tier ICT visa on or after 6 April 2010 cannot count this leave as a part of the qualifying period. The main requirements for a Tier 2 Indefinite Leave to Remain application are as noted below:

  • You must not fall under the General Grounds of Refusal.
  • You must meet the Minimum earnings threshold and you must still be required by your current Tier 2 employer.
  • You must meet the Knowledge of Language and life in the UK requirement. This can be passed by passing an English language test and a Life in the UK test.
  • You must not have had more than 180 day’s absences from the UK during any consecutive 12 month period. You will be required to provide a travel history summary with your application listing all absences outside the UK. It is possible to mitigate excess absences where there are serious or compelling reasons for the absences i.e. absences related to bereavements and work-related absences.

You can submit a Tier 2 Settlement, Indefinite Leave to Remain, application up to 28 days before you reach your 5 years continuous leave. If you submit an application earlier than that it is likely that your application will be refused and you will be considered to have adverse immigration history. Having adverse immigration could become a serious obstacle for future UK visa applications.

Using Legal Representation to submit a successful Tier 2 Indefinite Leave to Remain application

Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration matter. You can instruct one of our immigration and visa legal representatives to successfully assist you with an application to apply for a Tier 2 Indefinite Leave to Remain application. Our solicitors and Barristers will help you comply with the Home Office’s requirements and meet the Immigration Rules.

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 Indefinite Leave to Remain application succeeds, our solicitors and barristers will ensure all specified documents must be provided.

The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules.

Successfully submit a Tier 2 Indefinite Leave to Remain application

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 prospects of submitting a Tier 2 Indefinite Leave to Remain application before your application even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of Tier 2 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.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts.

Preparation is the key to successful immigration applications. 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 to discuss a Tier 2 Indefinite Leave to Remain application.

Contact our London immigration solicitors on 02071830570 or complete our contact form.

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