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Immigration & Visas

21/01/2006

New immigration rules

The Government recently announced changes to its immigration rules, to take effect as of 3rd April 2006. According to Judith Hinds of Active Immigration Solutions Limited, these changes can be summarised as follows:

  • For all employment-related categories of entry to the UK, and those who have entered under the UK Ancestry category (that is, having a grandparent born in the United Kingdom), the qualifying period for indefinite leave to remain (otherwise known as settlement or permanent residence) is now 5 years.
  • The initial grant of leave to remain will now be 2 years (except for Work Permit holders and Retired Persons of Independent Means and UK Ancestry), followed by a subsequent period of up to 3 years. The rules previously allowed for an initial period of up to 12 months leave to be granted, followed by a subsequent period of up to 3 years.
  • The UK Ancestry provision will allow leave to be granted in a single period of 5 years up to the qualifying period for indefinite leave.
  • Retired Persons of Independent Means will still be eligible for one single period of leave all the way up to the settlement qualifying period, as before.
  • Work Permit holders will still be eligible for an initial grant of leave up to the currency of their work permit.
  • Highly Skilled Migrant's will now be able to amalgamate continuous time spent in the UK as a work permit holder, Highly Skilled Migrant and / or an Innovator when applying for indefinite leave to remain as a Highly Skilled Migrant.
  • For all employment-related categories of entry to the United Kingdom, e.g. work permit employment, Highly Skilled Migrant, those setting up in a business or self-employment, investors, innovators, sole representatives and anyone whose basis of stay is primarily employment related, including those who have entered under the UK Ancestry category (i.e., that is having a grandparent born in the United Kingdom), the qualifying period for indefinite leave to remain (otherwise known as settlement or permanent residence) is now 5 years.
  • The initial grant of a period of stay to remain in the United Kingdom for individuals who are setting up in a business or self-employment, Highly Skilled Migrant, investor, innovator, sole representative and any other employment related will now be 2 years (except for Work Permit holders and Retired Persons of Independent Means), followed by a subsequent period of up to 3 years. The rules previously allowed for an initial period of up to 12 months leave to be granted, followed by a subsequent period of up to 3 years.
  • Retired Persons of Independent Means will still be eligible for one single period of leave all the way up to the settlement-qualifying period as before.
  • Work Permit holders will still be eligible for an initial grant of leave up to the currency of their work permit.
  • Highly Skilled Migrant's will now be able to amalgamate continuous time spent in the UK as a work permit holder, Highly Skilled Migrant and / or an Innovator when applying for indefinite leave to remain as a Highly Skilled Migrant.

Individuals wishing to apply to be naturalised as British citizens and who are not married to a national of the United Kingdom, shall now have to complete a minimum period of 6 years residence in the United Kingdom before they apply i.e, five years to satisfy the residence criteria to apply for indefinite leave and a minimum of 12 months stay with the indefinite leave status.

For further information, Active Immigration Solutions Limited can be contacted on:

Telephone: 0203 223 0100, Fax: 0203 223 0122, Web: www.entryin.com

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