Indefinite leave to remain – calculating continuous period in UK This guidance is based on the Immigration Rules
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Guidance – ILR – calculating continuous period in the UK – v4.0
Valid from 19 January 2012
This guidance is based on the Immigration Rules
Indefinite leave to remain – calculating continuous period in UK About this guidance This page explains how to calculate the qualifying period in the UK for indefinite leave to remain (settlement) in working categories. Some of these routes are now closed for entry or extension of leave. The Immigration Rules require an applicant for indefinite leave to remain in the following categories to have spent a continuous period in the UK:
In this section Changes to this guidance Contact
Information owner • work permit holder (paragraph 134) • representative of an overseas newspaper, news agency or broadcasting organisation Links to staff intranet (paragraph 142) • sole representative (indefinite leave to remain now in the representative of an overseas removed business category) (paragraph 150) • private servant in diplomatic households (paragraph 158) • employee of overseas governments (except those exempt from control) or the United Nations or other international organisations of which the UK is a member (paragraph 167) • minister of religion, missionary or member of a religious order (paragraph 176) • airport-based operational staff of overseas-owned airlines (paragraph 184) • on the basis of UK ancestry (paragraph 192) • business person (paragraph 209) • innovator or entrepreneur (paragraph 210G) • investor (paragraph 230) • writer, composer or artist (paragraph 238) • retired person of independent means (paragraph 269) • highly-skilled migrant programme (paragraph 135G), and • the following sub-categories of the points-based system (relevant paragraphs of part 6A): o all of Tier 1 except post-study workers o all of Tier 2 except intra-company transfers (ICT) granted under the Rules in place Page 2 of 9
Guidance –ILR – calculating continuous period in the UK – v4.0
Valid from 19 January 2012
This guidance is based on the Immigration Rules from 6 April 2010 o Tier 5 (International agreement) – private servants in diplomatic households only. Continuous period The applicant must have spent a continuous period lawfully in the UK and meet the criteria specified in the guidance. Tier 1 (Entrepreneur) Applicants can qualify for indefinite leave to remain after three or five years depending on their level of investment and business activity. Tier 1 (Investor) Applicants can qualify for indefinite leave to remain after two, three or five years depending on their level of assets and investments. Other qualifying categories Applicants in other qualifying categories can qualify for indefinite leave to remain after five years. Calculation of the continuous qualifying period for settlement Tier 1 (Investors or Entrepreneurs) When assessing if an applicant has met the criteria for continuous residence in the UK, absences for up to 180 days in any 12 calendar months may be disregarded. Other qualifying categories When assessing if an applicant has met the criteria for five years continuous residence in the UK, short absences abroad may be disregarded, provided the applicant has clearly continued to be based in the UK. For example: • holidays (consistent with annual paid leave), or • short business trips (consistent with maintaining employment or self-employment in the UK). Page 3 of 9
Guidance –ILR – calculating continuous period in the UK – v4.0
Valid from 19 January 2012
This guidance is based on the Immigration Rules
Applications that fall short of the five year continuous period In some cases, applicants may have been granted five years continuous leave, but due to delayed travel will not have spent five years continuously in the UK before their current leave expires. Caseworkers may count the period between entry clearance being granted and the date the applicant entered the UK towards the five years, provided this period was not longer than three months. Longer discretionary absences in cases where continuous residence has been broken Time spent here may exceptionally be aggregated, and continuity not insisted upon, for cases where: •
•
There have been no absences abroad, see calculation of the five year period for settlement, and authorised employment or business in the UK has not been broken by any interruptions of more than three months or amounting to more than six months in total for the whole five year period. Decisions in such cases must be taken at higher executive officer (HEO) level or above, or There have been longer absences abroad, provided the absences were for compelling grounds either of a compassionate nature or for reasons related to the applicant’s employment or business in the UK. No single absence abroad must be for more than three months at a time and any periods of long absence must not total more than six months. If the example is work related, evidence will need to be submitted to show that it would have serious implications for the employer or business if the travel had not been undertaken. Where continuous residence has been broken, periods may be aggregated or shortfalls disregarded only with the approval of a senior executive officer (SEO) or Grade 7.
This discretion only applies where the continuity of residence has been broken due to absences abroad. It does not apply where the lawfulness of residence in the UK has been broken, in other words where the applicant has overstayed during the five years.
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Guidance –ILR – calculating continuous period in the UK – v4.0
Valid from 19 January 2012
This guidance is based on the Immigration Rules
Indefinite leave to remain – calculating continuous period in UK Changes to this guidance This page lists changes to this guidance, with the most recent at the top. Date of the change 19 January 2012
Details of the change Six month review conducted by the modernised guidance team: • Minor housekeeping changes
20 July 2011
Six month review conducted by the modernised guidance team: • Second paragraph, 14 bullet point, highlyskilled migrant programme, paragraph ‘245E-F’ has been amended to ‘135G’ • Heading ‘Continuous period of five years’ has been amended to ‘Continuous period’. The sentence has been amended. • Three new headings and paragraphs have been added ‘Tier 1 (Entrepreneur), Tier 1 (Investor) and Other qualifying categories’ • Sub heading ‘Calculation of the five year period for settlement’ has been amended to ‘Calculation of the continuous qualifying period for settlement’: o new paragraph ‘Tier 1 (Investors or Entrepreneurs)’ added
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Guidance –ILR – calculating continuous period in the UK – v4.0
Valid from 19 January 2012
In this section Indefinite leave to remain – calculating continuous period in UK Contact Information owner
This guidance is based on the Immigration Rules
19 April 2011
• Heading ‘Other qualifying categories’ added: o second bullet point the word ‘short’ has to the beginning of the sentence • Applications that fall short of the five year continuous period: o first sentence after ‘but’ ‘due to delayed travel’ has been added • Sub heading ‘Discretion in cases where continuous residence has been broken’ has been amended to ‘Longer discretionary absences in cases where continuous residence has been broken: o second bullet point, second sentence after ‘and’ ‘any periods of long absence’ has been added and a new third sentence • Minor housekeeping changes. This change has been added to clarify the policy. Indefinite leave to remain – calculating the continuous period in the UK, after the last bullet point, new paragraphs have been added: • Continuous period of five years • Calculation of the five year period for settlement • Applications that fall short of the five year continuous period • Discretion in cases where continuous residence has been broken.
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Guidance –ILR – calculating continuous period in the UK – v4.0
Valid from 19 January 2012
This guidance is based on the Immigration Rules 26 January 2011
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Revised by the Modernised guidance team
Guidance –ILR – calculating continuous period in the UK – v4.0
Valid from 19 January 2012
This guidance is based on the Immigration Rules
Indefinite leave to remain - calculating continuous period in UK Contact This page explains who to contact for more help when you are calculating the continuous period in the UK for indefinite leave to remain applications. If you have read the relevant Immigration Rules and this guidance and still need more help, you must first ask your entry clearance manager, chief border force officer, senior caseworker or line manager. If the question cannot be answered at that level, you may email: Settlement operational policy for guidance on this policy (see related link: Email settlement operational policy). Changes to this guidance can only be made by the modernised guidance team (MGT). If you think the policy content needs amending you must contact the settlement operational policy team, who will ask the MGT to update the guidance, if appropriate. The MGT will accept direct feedback on broken links, missing information or the format, style and navigability of this guidance. You can send these using the link: Email: Modernised guidance team.
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Guidance –ILR – calculating continuous period in the UK – v4.0
Valid from 19 January 2012
In this section Changes to this guidance Information owner Links to staff intranet removed
This guidance is based on the Immigration Rules
Indefinite leave to remain - calculating continuous period in UK Information owner This page details the information owners for Indefinite leave to remain – calculating the continuous period in the UK. Version Valid from date Policy owner Cleared by director Director’s role Clearance date This version approved for publication by Approver’s role Approval date
V4.0 19 January 2012 Settlement operational policy Eddy Montgomery Operations director, North West region 12 July 2011 Richard Short Assistant director, modernised guidance team 11 January 2012
Changes to this guidance can only be made by the modernised guidance team (MGT). If you think the policy content needs amending you should contact the settlement operational policy team, who will ask the MGT to update the guidance, if appropriate. The MGT will accept direct feedback on broken links, missing information or the format, style and navigability of this guidance. You can send these using the link: Email: Modernised guidance team.
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Guidance –ILR – calculating continuous period in the UK – v4.0
Valid from 19 January 2012
In this section Changes to this guidance Contact Links to staff intranet removed