Indefinite leave to remain, or settlement, is permission to remain in the UK without restrictions.
http://www.kadmosimmigration.com/indefinite-leave-to-remain
An application for settlement can be made by migrants in certain categories normally (with some exceptions) after five years of residence in the UK.
Qualifying categories for ILR
Spouse or partner of a person settled in the UK;
Tier 1 migrants (with the exception of Tier 1 PSW) and their dependants;
Tier 2 (General) migrants and their dependants;
Ancestry visa holders;
Domestic workers covered by transitional arrangements;
Migrants in closed categories, such as HSMP or Work Permit holders, and their dependants.
In addition to the above, indefinite leave to remain can be granted on the basis of long residence where the migrant has completed 10 years of lawful residence in the UK.
General grounds for refusal of ILR
General grounds for refusal of indefinite leave to remain are set out under paragraph 322 (1C) of the immigration rules:
convictions which had led to a sentence of imprisonment of 4 years or more; (there is no amnesty period under this sub-paragraph)
convictions which had led to a sentence of imprisonment from 12 months to under 4 years, unless 15 years have passed since the end of the sentence;
sentence to imprisonment for less than 12 months, unless 7 years have passed since the end of the sentence;
any non-custodial sentence, caution or warning within 24 months prior to the date of the decision on the application.
ILR requirements applicable in all categories
All applicants for indefinite leave to remain should pass the Knowledge of Life in the UK test and English language test to B2 standard. The list of approved tests and authorised test providers is published by the Home Office.
Is ILR granted for life?
As a general principle, ILR does not expire, even if the stamp in the passport has a termination date. This termination date is normally in line with the validity of the passport and does not set a time limit on indefinite leave to remain.
However, absences from the UK for a period of two years or more would usually lead to loss of entitlement to ILR.
In cases of serious criminal offences ILR may be revoked.
One of the important benefits of settlement is that children born to a parent settled in the UK are British citizens by birth. Children born before either of the parents is settled would normally apply for registration at the same time as at least one of the parents is applying for naturalisation.
Income Requirements
Any Tier 2 UK visa holder wishing to apply for Indefinite Leave to Remain (ILR) in the UK will have to earn upwards of £35,000 in order to do so from 6 April 2016.
This new income threshold is to be introduced next year and will subsequently affect many Tier 2 visa holders wishing to apply for ILR following their permitted five-year stay in the UK.
Who will be affected?
The change is designed to make it more difficult for many people to qualify for UK settlement or permanent residency, as it is also known, and will be relevant for all ILR applications made under the Tier 2 (General), Tier 2 (Minister of Religion) and Tier 2 (sportsperson) visa categories.
Those who do not meet the new income requirement of £35,000 after their permitted five years of employment here in the UK must find some other way to extend their stay in the UK. One option is to extend their current Tier 2 visa by one year and then to leave after a total of six years employment as a Tier 2 skilled worker.
Why has the minimum income requirement been increased?
This change in the minimum income requirement for ILR applications is designed to cut the number of non-EU nationals and their dependants being granted ILR in the UK from around 60,000 per year to 20,000 per year. It comes as part of the government’s efforts to reduce the country’s net migration figure to below 100,000, a task at which they have failed over the past few years.
Who will be exempt from the new income requirement?
The new income requirement of £35,000 will not be applicable to any ILR applicants who are in occupations found on the shortage occupation list, nor will it apply to scientists and researchers in PhD level occupations. This is because researchers and academics command pay thresholds which are not comparable with highly skilled migrants working in other UK sectors.
Criticism of the new income threshold for ILR applicants
According to sources, the news of the increased income threshold has been received with much criticism, particularly from within the health and educations sectors.
Many industry leaders have questioned the wisdom behind restricting of highly skilled migrant staff from permanently residing here and have voiced their alarm at the prospect of a subsequent skills shortage.
For more information regarding Tier 2 General Visa sponsorship do contact us at consult@mavisas.co.uk.
Thanks in advance
Mason Alexander