ILR - Indefinite Leave to Remain in the UK. Permanent Residency

Changes to Indefinite Leave to Remain (ILR) rules on 6th April 2011...

From 6th April 2011, the UK Border Agency has changed the immigration rules for anyone applying for an Indefinite Leave to Remain visa (aka Permanent Residency).  There have been two types of changes:

Changes that affect all applicants that are applying for Indefinite Leave to Remain;
Changes that affect only those on a Tier 1, Tier 2 or Work Permit applying for ILR


Changes affecting all applicants

The following two changes affect everyone:

Criminal Convictions – You can no longer apply for Indefinite Leave to Remain if you have been convicted of a crime and not enough time has passed for the conviction to become “spent”.     “Spent” is a legal term that means the conviction can no longer be held against you in line with the Rehabilitation of Offenders Act 1974.  Most convictions become spent after 5 - 7 years from the date of conviction in court.  For an example, this would mean that if you were convicted of a crime once you have spent four years in the UK on a Tier 1 (General) visa, you would have to stay on your Tier 1 visa for another 5 year period before applying for ILR whilst you wait for the conviction to become spent!  Please also note that this includes traffic offences such as drink driving or driving without insurance etc.  Do not panic if you have any penalty charge notices, parking tickets or fines as these are not criminal convictions
Your wife or husband must have spent 2 years living in the UK with you before they now qualify for Indefinite Leave to Remain – before the changes we just had to declare any dependents and they would be granted ILR with the main applicant regardless of their length of time in the UK.  We now have to prove that your husband or wife (dependent) has been living at the same address as you (the main applicant) for no less than 2 years before they can apply for Indefinite Leave to Remain.

 Changes affecting clients applying for ILR who are currently on a Tier 1, Tier 2 or Work Permit visa

From 6th April 2011, the UK Border Agency has also specifically changed the process for any Tier 1, Tier 2 or Work Permit visa holder’s applying for Indefinite Leave to Remain (ILR).

Changes affecting Tier 1 visa holders:

As an overview, any Tier 1 (General) clients applying for ILR will now have to satisfy the same points requirement they needed to qualify for their Tier 1 extension (i.e. 75 points if you got your first HSMP/Tier 1 visa before 6th April 2010 or 80 points if after).  Effectively, they have combined your Tier 1 extension (yes, another one!) with the ILR process so you MUST make sure that your earnings are high enough in the last 12 months to now qualify for ILR!

Changes affecting clients applying for ILR who are currently on a Tier 1, Tier 2 or Work Permit visa

From 6th April 2011, the UK Border Agency has also specifically changed the process for any Tier 1, Tier 2 or Work Permit visa holder’s applying for Indefinite Leave to Remain (ILR).

Changes affecting Tier 1 visa holders:

As an overview, any Tier 1 (General) clients applying for ILR will now have to satisfy the same points requirement they needed to qualify for their Tier 1 extension (i.e. 75 points if you got your first HSMP/Tier 1 visa before 6th April 2010 or 80 points if after).  Effectively, they have combined your Tier 1 extension (yes, another one!) with the ILR process so you MUST make sure that your earnings are high enough in the last 12 months to now qualify for ILR!


Changes affecting Tier 2/Work Permit visa holders:

Tier 2 visa holders now have to show that their earnings are as high as the minimum salary requirement under the UK Border Agency's "Codes of Practice for Tier 2 Sponsored Workers" (which can be found on their website).  For example, this means that if you are working as a Marketing Manager and the minimum salary according to the UKBA is £40,000 per annum, your earnings will have to be £40,000 per annum for you to qualify for ILR.

You must check whether your gross earnings are high enough according to the UKBA's list.  If they are not, you will not qualify for Indefinite Leave to Remain.

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