Can I Get Indefinite Leave to Remain?

Uzma Kazmi made this Freedom of Information request to UK Border Agency

The request was partially successful.

From: Uzma Kazmi

24 March 2010

Dear UK Border Agency,

I came to UK in the Sep, 2006 on a student visa. After 2 years I
applied for PSW, which is my current visa status and is going to
expire on the Feb, 2011.

My query is if I will be eligible to apply for ILR if I get Tier 1
(General) [HSMP] Visa before my PSW expires. By that I mean, will 2
years Student Visa + 2 years PSW Visa + 1 year on HSMP Visa count
towards the ILR at the end of the day or I need to extend my HSMP
visa to make it 5 years to be eligible for the ILR?

Thanking you in anticipation.

Yours faithfully,

Uzma K.

Link to this

From: Uzma Kazmi

24 April 2010

Dear UK Border Agency,

I requested an answer from you for my query which I haven't
received yet even after a month. Kindly, answer it as I desperately
need your response for it.

The question submitted on the 23rd of March was:
"I came to UK in the Sep, 2006 on a student visa. After 2 years I
applied for PSW, which is my current visa status and is going to
expire on the Feb, 2011.

My query is if I will be eligible to apply for ILR if I get Tier 1
(General) [HSMP] Visa before my PSW expires. By that I mean, will 2
years Student Visa + 2 years PSW Visa + 1 year on HSMP Visa count
towards the ILR at the end of the day or I need to extend my HSMP
visa to make it 5 years to be eligible for the ILR?

Thanking you in anticipation."

Yours faithfully,

Uzma Kazmi

Link to this

From: IND Public Enquiries

27 April 2010

Thank you for contacting the UK Border Agency.
The information in this message answers the most frequently asked questions. It includes links to the relevant parts of our website, where more detailed information can be found. If we have not included information or a link to the website for the subject you are enquiring about, please enter key words into the "search" facility on the website.
If you have sent us information about an immigration offence, or a complaint, please be assured that it will be forwarded to the appropriate team. You do not need to send the information again.
If your enquiry is about one of the following, please re-send it to the address shown:
British Citizenship and Nationality / Right of Abode:
[email address]
European Nationals and Family Members:
[email address]
Points Based System Sponsorship (Employers and Educational Establishments with enquiries about Sponsorship, Tier 2, Tier 4 and Tier 5 of the Points Based System):
[email address]
Applications made outside the UK: [email address] Please consult the Visa Services website at http://www.ukvisas.gov.uk/en/ where the answers to most enquiries can be found.
If you are outside the UK and you wish to make an application for Entry Clearance, please contact the British Diplomatic Post (the High Commission, Embassy or Consulate) where you will be submitting your application for information.
Contact details for British Diplomatic Posts can be found on the Foreign & Commonwealth Office website at:
http://www.fco.gov.uk/en/travel-and-livi...
Information about the following subjects is provided below.
1. Outstanding Applications / Return of Documents
2. Change of Address / Change of Circumstances
3. Biometric Identity Cards for Foreign Nationals
4. HSMP Forum judicial review - Arrangements resulting from the judgment
5. Points Based System - New Rules, Tier 1, Tier 2, Tier 4, Sponsorship
6. Students - Work, Changing education provider or course, Course fees
7. Marriage or Civil Partnership with a British or Settled Person
8. UK Ancestry
9. Working Holidaymakers - Employment, No Switching to PBS Categories
10 . Child born in the UK
11. Settlement - Knowledge of Language & Life in the UK
12 . Indefinite Leave to Enter
13. New Passport - Transfer of Conditions or No Time Limit
14. Reporting an immigration offence
1. Outstanding Applications
For data protection reasons, we are unable to respond to enquiries about individual cases by e-mail. UK Border Agency will contact you if further information is required to complete your application. If you sent your application by Recorded or Special Delivery, its receipt can be confirmed on the Royal Mail website at:
http://www.royalmail.com/portal/rm
If you make an application before your authorised stay ends, your existing immigration status will continue until your application is decided, even if the decision is not made until after the end of your permitted stay. If your existing visa or other permission to stay here allows you to work, you can continue to do so until your case is decided.
Return of Documents
If you require the urgent return of your documents, please see the UK Border Agency website at http://www.ukba.homeoffice.gov.uk/contac... for the appropriate contact details. However please note that return of the applicant's passport submitted in support of a leave to remain application, for travel outside the UK, will lead to the application being withdrawn. We aim to return requested documents within 10 working days.
2. Change of Address / Change of Circumstances
We are unable to deal with change of address/circumstances notifications by e-mail.
If you have made a Points Based System application, details of how to inform us about your change of address or other change of circumstances can be found on the UK Border Agency website at:
http://www.ukba.homeoffice.gov.uk/siteco...
For other applications, details can be found in the guidance notes for the application form you have submitted, under "Contacting us after you have applied". The guidance notes are also available on the UK Border Agency website.
3. Biometric Identity Cards for Foreign Nationals
UK Border Agency issues biometric identity cards to foreign nationals from outside the European Economic Area (EEA) and Switzerland who are given permission to extend their stay in the United Kingdom in the following categories:
Sponsored Skilled Workers and their dependants, on application form Tier 2 (General / Minister of Religion / Sportsperson / Intra Company Transfer).
· Students and their dependants, on application form Tier 4 (G) or Tier 4 (C).
· Persons applying on the basis of marriage or partnership with a British or settled person and their dependants, on application form FLR(M).
· Academic Visitors (granted leave for more than six months), Domestic Workers in a Private Household, UK Ancestry and Visitors for Private Medical Treatment, on application form FLR(BID).
· Representatives of an Overseas Business and Retired Persons of Independent Means on application form FLR(BUS) or SET(BUS).
· Dependants of the above, where applicable, and when applying at the same time.
Those applying for a transfer of conditions on application form TOC.
Identity Cards for Foreign Nationals (ICFN) will be phased in over the next three years for all those from outside the EEA and Switzerland who are coming to the UK for more than six months, or extending their permission to stay in the UK in other categories.
Detailed information about the identity cards can be found on the UK Border Agency website at: http://www.ukba.homeoffice.gov.uk/managi...
If your ICFN has been lost or stolen, or if you need a replacement ICFN for other reasons, you will need to submit an ICFN(RC) application form. The application form and guidance notes are available on the UK Border Agency website at:
http://www.ukba.homeoffice.gov.uk/while-...
4. HSMP Forum judicial review - Arrangements resulting from the judgement
If you made your initial application for an HSMP approval letter before 3 April 2006, you are eligible to make an application for indefinite leave to remain (ILR) under the HSMP Forum (UK) Ltd High Court judgment of 6 April 2009, even if you did not receive the letter or subsequent leave to enter or leave to remain until after this date.
In order to apply for ILR, you will need to meet the following criteria:
· You have completed a continuous period of four years lawfully in the UK, with your most recent leave being under the Highly Skilled Migrant Programme (HSMP) or Tier 1 (General) and the remainder of your leave being under HSMP, Tier 1 (General), Work Permit holder or Innovator.
· Throughout the four years spent in the UK, you have maintained and accommodated yourself and any dependants without recourse to public funds.
· You must be economically active in the UK in employment, self-employment or both, as required by the conditions of your leave.
If you are covered by the judgment and you meet the above requirements, you can make an application for ILR on form SET(O) up to 28 days before you complete the qualifying period. You and any dependants who are included in your application are not required to meet the Knowledge of Language and Life (KOL) requirement.
If you have already obtained ILR, having completed five years in the UK, you can request a one-off payment from UK Border Agency to cover the cost of the application you made to extend your leave to remain in order to complete the five year qualifying period. Please use the HSMP Forum Judicial Review 09 ILR - one off payment request form, which is available on the UK Border Agency website at:
http://www.ukba.homeoffice.gov.uk/siteco...
If you have completed four years in the UK, and you previously applied for an extension in order to complete the five year qualifying period, you can apply for ILR immediately provided you meet the criteria above. When you submit your ILR application, you may receive a one-off payment from UK Border Agency to cover the costs you paid to obtain your extension. This will be automatically triggered by the application if applicable, and you do not need to send a separate request.
If you previously applied for ILR after four years and your application was refused, you can request a review of the original decision. You can do so if you were granted further leave to remain following a successful appeal, or if you did not appeal, or if your appeal was dismissed. You do not need to submit another ILR application. You must obtain and complete the Review form: HSMP ILR Judicial Review), which can be downloaded from the UK Border Agency website at:
http://www.ukba.homeoffice.gov.uk/workin...
If you have completed four years in the UK in a qualifying period and you have an outstanding application for Further Leave to Remain, you do not need to take any further action. Your application will be identified as one which may be varied to Indefinite Leave to Remain and you will be contacted about this.
5. Points Based System
New Rules for Skilled and Highly Skilled Migrant Workers
On 6 April 2010 the Government will make significant changes to Tier 1 and Tier 2 of the Points Based System.
The changes include new points tables for Tier 1 and Tier 2, a simpler route for very highly skilled workers without Master's degrees, greater flexibility for short-term transfers by multinational companies, and more protection against such transfers being used to fill long-term vacancies that should go to resident workers.
For further information, please visit the UK Border Agency website at:
http://www.ukba.homeoffice.gov.uk/siteco...
Tier 1 (Post Study Work)
The International Graduates Scheme (IGS) and Fresh Talent: Working in Scotland Scheme (FT:WISS) were replaced by Points Based System Tier 1 (Post Study Work), with effect from 30 June 2008.
You will need to complete a self-assessment before you complete the Tier 1 (Post Study Work) application form, in order to calculate the points you can claim for Attributes, English Language and Maintenance requirements. Full details of the requirements and the Points Based Calculator tool for self-assessment are available on the UK Border Agency website at: http://www.ukba.homeoffice.gov.uk/workin...
You can check on the Points Based Calculator tool whether the course you are studying will earn sufficient points to qualify for leave to remain in the UK under Tier 1 (Post Study Work).
If you score sufficient points to make an application, you will be able to complete and submit application form Tier 1 (Post Study Work) which is available on the UK Border Agency website.
One of the required documents is your original certificate of award. However, if you are unable to provide it because it has not yet been issued, you may submit your application without it, provided that the letter from your academic institution includes additional information explaining your individual circumstances.
If your application is successful, you will be granted two years leave to remain in the UK during which time you will be free to seek employment without having a licenced sponsor.
You will be able to apply to switch from Tier 1 (Post Study Work) to Tier 1 General, Investor or Entrepreneur, Tier 2, or Tier 4. However please note, time spent in the UK in the Tier 1 (Post Study Work) category does not count towards the qualifying period for Indefinite Leave to Remain.
Tier 1 (Post Study Work) - IGS - Transitional Arrangement
If your leave to remain on the basis of IGS or Science & Engineering Graduate Scheme (SEGS) expired before 30 June 2008, you will not be eligible to apply for an extension under Points Based System Tier 1 (Post Study Work).
You can apply under these transitional arrangements at any time if you have valid leave to remain under IGS or SEGS. However please note that you will need to meet the points requirement for maintenance. You will need to use application form Tier 1 (Post Study Work), which is available on the UK Border Agency website at:
http://www.ukba.homeoffice.gov.uk/workin...
If your application is successful you will be granted further leave to remain, up to a combined total of two years in your existing category and the Post Study Work category, during which time you will be free to seek and take employment without having a sponsor.
Please note, you cannot make an application under these transitional arrangements if you are not in the UK.
Tier 1 (General)
The Highly Skilled Migrant Programme has been replaced by Points Based System Tier 1 (General) - Highly Skilled Workers. You will be able to apply to switch to Tier 1 (General) in the UK if you currently have leave to enter or remain in one of the following categories: HSMP, FT:WISS, IGS, Innovator, Post Graduate Doctor or Dentist, Student, Student Nurse, Student re-sitting an exam, student writing up a thesis, work permit holder, Business Person, Self-employed Lawyer, Writer, Composer or Artist, Tier 1 (Entrepreneur), Tier 1 (Investor), Tier 1 (Post Study Work), Tier 2 or Tier 4. If you are currently in the UK in any other category, you will need to leave the UK and apply for Entry Clearance in this category.
You will need to complete a self-assessment before you complete the Tier 1 (General) application form, in order to calculate the points you can claim for Attributes, English Language and Maintenance requirements. Full details of the requirements and the Points Based Calculator tool for self-assessment are available on the UK Border Agency website at: http://www.ukba.homeoffice.gov.uk/workin...
If you score sufficient points to make an application, you will be able to complete and submit application form Tier 1 (General), which is available on the UK Border Agency website. Details of the fee payable for this application and required documents are included in the application form and guidance notes.
If your application is successful, you will be granted a maximum of three years leave to remain in the UK. During this time, you can seek and take employment without a sponsor or set up a business in the UK. You will not be able to take employment as a doctor in training, unless you previously held leave to enter or remain in the UK as a Highly Skilled Migrant, Postgraduate Doctor/Dentist, Innovator or Tier 1 (General) Migrant and you were not subject to a condition prohibiting employment as a doctor in training.
Tier 1 (General / Post Study Work / Entrepreneur) - Maintenance
When applying for Tier 1 (General, Post Study Work or Entrepreneur) from within the UK, you are required to submit documents showing you have had savings of at least £800 for at least three months before applying.
If you are including dependants in your application, or applying separately for dependants, you will need to show additional savings of £533 for each dependant. If the main applicant is outside the UK, or has been present in the UK for less than 12 months, each dependant must show that they (or the main applicant) have at least £1,600 to support themselves.
The balance must be maintained at or above the required amount throughout the whole of the three month period. If it has dipped below the required balance at any time during the three month period, the maintenance requirement will not be met and you are not eligible to make an application.
The types of documents you need to send to support your application are described in detail in the appropriate section of the UK Border Agency website.
Tier 2
Points Based System Tier 2 (Skilled Workers) is for migrants with a job offer from a licenced sponsor and a Certificate of Sponsorship. It includes the following four sub-categories:
General - For migrants with a job offer that cannot be filled by the resident workforce, or to fill shortage occupations.
Intra Company Transfer - For a migrant transferring within a multinational company to a skilled post in a UK based branch of the company.
Sportspeople - For a migrant coming to fill a vacancy as an elite sportsperson or coach whose employment will make a significant contribution to the development of their sport at the highest level.
Ministers of Religion - For a migrant coming to fill a vacancy as either a Minister of Religion, Missionary or a Member of a Religious Order.
You will be able to apply to switch into Tier 2 (General / Sportspeople / Ministers of Religion) in the UK if you currently have leave to enter or remain in one of the following categories: PBS Tier 1 or Tier 2, Highly Skilled Migrant Programme, Innovator, Jewish Agency Employee, Member of the Operational Ground Staff of an Overseas Owned Airline, Minister of Religion, Missionary or Member of Religious Order, Overseas qualified nurse or midwife, Fresh Talent: Working in Scotland Scheme, International Graduates Scheme (IGS) / SEGS, Post Graduate Doctor or Dentist, Work Permit Holder, Representative of an Overseas Newspaper, News Agency or Broadcasting Organisation, Student, Student Nurse, Student re-sitting an exam, student writing up a thesis or as a Student Union Sabbatical Officer.
You will be able to apply to switch into Tier 2 (Intra Company Transfer) if you currently have leave to enter or remain as a Work Permit holder, where that leave was last granted as an Intra Company Transferee and you are still working for the same employer as you were at the time of the earlier grant of leave.
If you are currently in the UK in any other category, you will need to leave the UK and apply for Entry Clearance in these categories.
You will need to complete a self-assessment before you complete the Tier 2 application form, in order to calculate the points you can claim for Attributes, English Language and Maintenance requirements. Full details of the requirements and the Points Based Calculator tool for self-assessment are available on the UK Border Agency website at: http://www.ukba.homeoffice.gov.uk/workin...
If you score sufficient points to make an application, you will be able to complete and submit application form Tier 2 , which is available on the UK Border Agency website. Details of the fee payable for this application and required documents are included in the application form and guidance notes.
If your application is successful, you will be granted a maximum of three years and one month leave to remain in the UK, or in line with the Certificate of Sponsorship plus one month, if it has been issued for less than three years.
When applying under Tier 2 from within the UK, you are required to submit documents showing you have had savings of at least £800 for at least three months before applying. If the balance has dipped below £800 during the three month period, the maintenance requirement will not be met.
If dependants are applying at the same time or separately, you will need to show additional savings of £533 for each dependant. If the main applicant is outside the UK, or has been present in the UK for less than 12 months, each dependant must show that they (or the main applicant) have at least £1,600 to support themselves.
The maintenance requirement can also be met by the A-rated Sponsor providing a written undertaking that, should it become necessary, they will maintain and accommodate the applicant and their dependants during their first month in the UK. The letter from the Sponsor should be submitted with the application form.
The types of documents you need to send to support your application are described on the UK Border Agency website at:
http://www.ukba.homeoffice.gov.uk/workin...
Tier 4 (General) and Tier 4 (Child) Students
Points Based System Tier 4 came into effect on 31 March 2009. Tier 4 (General) is for adults (aged 16 or over) coming to or remaining in the UK for study, and for those continuing their education from leave as a Child Student. Tier 4 (Child) is for children between the ages of 4 and 17 who wish to be educated in the UK. Those aged between 4 and 15 may only be educated at independent (private) fee-paying schools.
In order to qualify, you need a valid Confirmation of Acceptance for Studies (CAS) from an education provider which holds a Sponsor's Licence.
You also need to meet the applicable maintenance requirements, which vary according to your circumstances. Full details of the requirements for adult and child students, and the application forms Tier 4 (G) and Tier 4 (C), can be found on the UK Border Agency website at: http://www.ukba.homeoffice.gov.uk/studyi...
With effect from 21 August 2009 the maintenance requirements under Tier 4 have been changed to allow all students of any age to use a bank account in their parent's name as evidence that they meet the maintenance requirement.
For applications submitted on or after 1 February 2010, you must show that you have held the funds for at least 28 days before applying. You will need to provide the correct documents to support your application, as specified in the PBS Tier 4 Application Form and Policy Guidance.
If you have paid fees and other expenses in advance, you can deduct the amount paid from the maintenance funds shown, but you must provide the required evidence that confirms payment has been made, as described on the application form. Any advance payments made before you have been granted leave to enter or remain are made entirely at your own risk. You should seek advice from the education provider or other organisation to which payment will be made regarding their terms and conditions.
You will be able to apply to switch into Tier 4 (General) if you meet the requirements and you are currently in the UK with permission to stay in one of the following categories: Tier 1 (Post Study Work), Tier 2 (General; Intra Company Transfer; Minister of Religion), Tier 4 (Child) Student, Prospective Student, Student, Student re-sitting an examination, Student Nurse, Student writing up a thesis, Student Union Sabbatical Officer, Work Permit holder, SEGS, IGS or FT:WISS. You can apply to switch into Tier 4 (Child) if you are currently in the UK with permission to stay as a Prospective Student or Student.
If you are currently in the UK in any other category, you will need to leave the UK and apply for Entry Clearance.
Sponsorship
Under the Points Based System (PBS), migrants from outside the UK (except those applying under Tier 1) will need to be sponsored by an employer or education provider on the UK Border Agency's Sponsors Register in order to obtain a visa.
For further information regarding the Points Based System and Sponsorship, please visit the UK Border Agency website at:
http://www.ukba.homeoffice.gov.uk/managi...
6. Students
Students - Work
The student category of the Immigration Rules was replaced by Points Based System Tier 4 on 31 March 2009 - see above for details.
Unless their visa states otherwise, a person who is aged 16 or over, and holds valid leave to enter or remain as a student under the student category of the Immigration Rules for 6 months or more, may undertake employment for:
20 hours per week during term time
Full time during vacation periods
If you have leave to enter or remain to study under Tier 4 (General), the maximum amount of part-time work you can do during term time is:
20 hours per week if you are studying a course at or above UK degree level or a foundation degree course, and/or if you made your application to study under Tier 4 (General) on or before 2 March 2010; or
10 hours per week if you are studying a course that is below UK degree level and is not a foundation degree course, and you made your application to study under Tier 4 (General) on or after 3 March 2010.
A student must not engage in business, self-employment or the provision of services as a professional sports person or entertainer. A student is not permitted to pursue a career by filling a permanent full-time vacancy.
You can continue working full time when your studies are completed for a period of four months or until your visa expires, whichever is sooner, whilst waiting for your examination results, prior to attending your graduation ceremony or before commencement of your new course.
If you are encountering difficulty, the UK Border Agency runs a dedicated helpline for potential employers designed to give advice regarding immigration and employment. Please pass this information to your potential employer and ask them to call: 0300 123 4699.
Students - Changing education provider or course
If you already hold a student visa under the previous Immigration Rules, you can change your course or education provider as long as the new course still meets the following immigration requirements:
Full time course, 15 hours per week daytime study, Studying towards a recognised qualification, Studying at a recognised institution.
You will need to advise the UK Border Agency of this change in writing to:
Notifications Team, Compliance Team South, 8th Floor, Lunar House, 40 Wellesley Road, Croydon CR9 2BY.
If you applied for their last Tier 4 visa on or after 5 October 2009 and you wish to change their education provider, you will be required to submit a new charged Tier 4 application and provide new biometrics, prior to enrolling on your new course. You will be unable to start your new course until the new Tier 4 visa has been approved.
If you applied for your last Tier 4 visa before 5 October 2009, you will not be required to submit a new charged Tier 4 application when changing your education provider, but you should e-mail [email address] with the following details, to obtain a letter of permission:
The new course.
The start and finish dates of the course.
The new education provider's name, address and contact details.
If the change is approved, you will receive a letter of permission. There is no charge for this document. You are able to start the new course before receiving the letter of permission providing you have informed us, but you do so at your own risk as UK Border Agency may refuse permission.
If you have leave to remain under Tier 4 and you wish to do a shorter course of study with your approved education provider, or if you wish to do the same or a different course of study with a new approved education provider, you must tell UK Border Agency.
Details of what information you need to send and where to send it to can be found on the UK Border Agency website at:
http://www.ukba.homeoffice.gov.uk/studyi...
If your Tier 4 leave to remain in the UK will expire before the end of the new course, you should submit a fresh Tier 4 application.
Students - Course Fees
Please contact your Educational Establishment or Local Education Authority for information about whether you are considered an overseas or home student.
7. Marriage or Civil Partnership with a British or Settled Person
The fiancé(e)/proposed civil partner visa is issued for a 6 month period, during which time you would be expected to finalise your plans and marry or register your civil partnership. Employment is prohibited under this visa. Once the marriage or civil partnership has taken place, you will need to apply for further leave to remain as a spouse/civil partner on application form FLR(M).
The spouse/civil partner visa is for a probationary period of 2 years, during which time you will be able to work without restriction. You will be able to apply for indefinite leave to remain in the United Kingdom no more than 28 days before this visa expires, on application form SET(M).
If the spouse/civil partner visa was obtained overseas, you can submit an application for indefinite leave to remain 23 months after entering the UK. However, if your entry was delayed by up to 3 months after the issue of your visa, and your visa expires before you have completed 23 months from the date of entry into the UK, you should submit a SET(M) application by post before your visa expires. The application will be placed on hold until the qualifying period has been completed. Alternatively, you can submit an FLR(M) application and, if you meet the requirements for this application, you will be granted a further period of leave to enable you to complete the probationary period.
If you delayed your travel by more than 3 months, you will need to submit an FLR(M) application before your visa expires. If you meet the requirements for this application, you will be granted a further period of leave to enable you to complete the probationary period.
By completing form FLR(M), you are also applying for an Identity Card for Foreign Nationals - there is no additional fee to pay for this. Please see paragraph 3 above for further details.
If you did not enter the UK with fiancé(e)/proposed civil partner or marriage/civil partnership visitor entry clearance, you may need to obtain a Certificate of Approval in order to marry or register a civil partnership in the UK. Information about the Certificate of Approval can be found on the UK Border Agency website at:
http://www.ukba.homeoffice.gov.uk/visiti...
8. UK Ancestry
A person needs to complete 5 years under the UK Ancestry visa prior to applying for Indefinite Leave to Remain. An application will normally be successful if it can be satisfactorily demonstrated that the applicant meets the requirements of the rules and has spent a continuous period of 5 years in the United Kingdom in this capacity. For this, the application form SET(O) is required.
The earliest you may submit an application for Indefinite Leave to Remain is up to 28 days before the completion of your 5th year.
In order to apply for an extension on your UK Ancestry visa to allow you to complete 5 years in this capacity, the application form FLR(BID) is required. With this application you will be required to provide your full birth certificate, full birth certificates for your parent and British born grandparent and, where necessary to establish the relationship, marriage certificates and/or adoption papers.
Further information and the application form are available on the UK Border Agency website at:
http://www.ukba.homeoffice.gov.uk/siteco...
The Immigration Rules do not allow a person to switch in the UK from another category into UK Ancestry or dependant of a person holding UK Ancestry. In both cases, entry clearance must be obtained.
9. Working Holidaymakers - Employment
Working Holidaymakers must not intend to spend more than 12 months of their stay in employment, and must intend to spend the rest of their stay holidaying. You may not engage in business or provide services as a professional sportsperson and you may only engage in work for a maximum period of 12 months in total throughout your stay. You may choose when to work and when to take your holiday breaks as you wish, but those who exceed the maximum 12 month period of work permitted will be in breach of their conditions. The following guidance should be used in order to calculate the total period to be spent in permitted work
As an employee:
The maximum 12 months period of permitted work is calculated on the basis of the total period spent in employment (including weekends and any leave of absence, e.g. sick leave, annual leave and public holidays that occur during a period of employment), not on the basis of the actual number of days worked. This guidance applies whether the employment concerned is full-time or part-time, and whether you are employed by an agency or any other employer.
Self-employed:
If you engage solely in self employment during your stay in this category, and you have not at any stage during your stay been an employee (employed for any periods of time by an employer), and you are paid by the persons or companies (whether located in the United Kingdom or overseas) for whom you provide services only for the actual work you perform, you may spend up to a maximum of 365 days working during your stay as a Working Holidaymaker.
Employee and self-employed:
If you have spent some time as an employee and some time self-employed, the total period spent as an employee (see above) should be subtracted from the 12 month period in which work is permitted, when calculating in days the period that remains available to be spent in self-employment.
If you are employed on one job and self-employed on another at the same time, the period spent in work should be calculated on the basis of the period spent in employment as an employee, not in self-employment.
Signed with an employment agency:
If you sign up with an agency you are declaring that you are 'available' to take up work. It is not until you actually 'engage' in work that it can be counted as actual employment. Only periods of actual employment count towards the maximum permitted 12 months work.
Working Holidaymakers - no switching to Points Based System categories
Working Holidaymakers are not permitted to switch in the UK to any Points Based System categories, including Tier 1 (General), Tier 2 (Sponsored Skilled Workers) or Tier 5 (Temporary Workers). If they meet the requirements for a Points Based System category, they are required to return to their home country and obtain the appropriate Entry Clearance.
10. Child born in the UK
If your child was born in the UK and you currently have limited leave to remain, you will need to obtain and complete application form FLR(O), or PBS (Dependant) if you were granted leave to remain under the Points Based System, in order for them to be granted leave to remain as your dependant.
On form FLR(O), the baby's details should be entered in Section 1 - Applicant's Details. On form PBS (Dependant), the baby's details should be entered in Section 2 - Dependant's Details. You should enclose your own passport with the application.
If you will be leaving the UK and do not intend to return under the conditions of your current leave to remain, you are not required to make an application to the UK Border Agency for your baby. They are deemed to have leave to remain in the UK until you leave.
If you will be making an application for further leave to remain or indefinite leave to remain and do not intend to travel before you do so, you can include the baby as your dependant at that time. However please note, if you travel outside the UK before your baby obtains leave to remain, you will need to obtain Entry Clearance for the baby before you return to the UK.
11. Settlement - Knowledge of Language and Life in the UK
If you are applying for settlement in the United Kingdom you may be required to demonstrate Knowledge of Language and Life in the United Kingdom, in addition to meeting the other requirements for settlement. For further information, please visit the UK Border Agency website at:
http://www.ukba.homeoffice.gov.uk/settle...
12. Indefinite Leave to Enter
In terms of your status in the UK, Indefinite Leave to Enter and Indefinite Leave to Remain are exactly the same. The Indefinite Leave to Enter Entry Clearance means, in terms of your current immigration status in the UK, that there is no time limit on your stay in the UK.
The end date shown on an Indefinite Leave to Enter Entry Clearance (EC) vignette is a guide to the holder for travel purposes only, or relates to the validity dates of the passport/travel document in which the vignette is endorsed.
The validity and activation of the Entry Clearance is determined by the dates noted on the Entry Clearance vignette not by any ink stamp endorsed in the passport or travel document by a UK Immigration Officer at the port of entry.
The Immigration Officer's stamp merely indicates when the Entry Clearance was used to enter the UK but the Entry Clearance is still valid without an on-entry stamp.
The Entry Clearance should be used to enter the UK within three months of issue but can be used after this date at the discretion of the Immigration Officer.
Once the expiry date noted on your EC is passed it is not necessary for the holder of Indefinite Leave to Enter status to apply within the UK for Indefinite Leave to remain status as they are effectively the same thing and your "No time limit "status remains extant.
13. New Passport - Transfer of Conditions or No Time Limit
If you have a new passport and you wish to have your Limited Leave to Enter or Remain status transferred to it, you will need to submit a TOC (Transfer of Conditions) application form.
Alternatively, if you have Limited Leave to Remain and you have retained your old passport, you may travel with both the old and the new passports.
If you have Indefinite Leave to Enter or Remain, you will need to submit an NTL (No Time Limit) application form in order to have your status transferred to a new passport. You are advised to transfer your Indefinite Leave to Remain status into the valid passport before you travel. If you have retained your old passport and you need to travel as a matter of urgency, you may travel with both the old and the new passports. You are advised to submit an NTL application to the Home Office on your return to the UK.
If you do not have a biometric Identity Card for Foreign Nationals (ICFN), and your passport has been lost or stolen, you need to report this to the Police and include the Police Crime Report and/or Police Reference Number with your TOC or NTL application.
If your ICFN is lost or stolen, please see Paragraph 3 above for information about the ICFN(RC) form.
14. Reporting an immigration offence
If you know someone is breaking immigration laws, for example by being in the United Kingdom illegally or by employing an illegal immigrant, please write to us at the following address:
UK Border Agency, Evidence & Enquiry, Lunar House, 40 Wellesley Road, Croydon CR9 2BY.
Alternatively you can send the details by e-mail to this address. (You do not need to re-send the information if you have already done so.)
We may not be able to acknowledge your letter or e-mail but we will pass it on to the relevant local immigration team. Where appropriate, they will investigate and take action.
To enable us to send your information quickly to the local immigration team closest to the offence you are reporting, please help us by putting the name of the town or the postcode in the subject line (title) of your e-mail. Please give us as much information as possible about the immigration offence, including names, home and work addresses, to help our investigation.
We treat all personal information as confidential. This means we will not tell the person involved that you contacted us. It also means we will not be able to tell you what was done as a result of your information.
If you have read this message and looked on the UK Border Agency website, but you have not found the information you require, please re-send your enquiry with "FAQ" in the subject/title line to:
[email address]

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Link to this

From: Uzma Kazmi

1 May 2010

Dear UK Border Agency,

Please pass this on to the person who conducts Freedom of
Information reviews.

I am writing to request an internal review of UK Border Agency's
handling of my FOI request 'Can I Get Indefinite Leave to Remain?'.

I did receive a reply from UK Border Agency but as I am really
confused regarding this matter I want somebody to give me an answer
directed to me rather than giving a generic answer like copy
pasting the FAQs. I beg you, please, do help me in this regard. I
will really appreciate it.

A full history of my FOI request and all correspondence is
available on the Internet at this address:
http://www.whatdotheyknow.com/request/ca...

Yours faithfully,

Uzma Kazmi

Link to this

From: Freedom Of Information Team \( IND \)
UK Border Agency

4 May 2010

Dear Mr Kazmi,
As your enquiry relates to your personal immigration status we passed it
to our Public Enquiries Section to answer and so an internal review
under the Freedom of Information Act is not relevant.

You will see at the end of the automated reply that you received from
the Public Enquiries Section, if you cannot find the answer you require
you should re-send your query with 'FAQ' in the subject line to their e
mail address.
Kind regards

Freedom of Information Team
UK border Agency

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Link to this

S Garg left an annotation ( 5 May 2010)

Quote-marks Hi

Student and PSW portions of time spent do not count as time spent towards ILR.
So your time of 5 years starts only when you took Tier 1.
Hope this helps
Shashi

Link to this

Nice left an annotation (13 May 2010)

Quote-marks I think time spent in student and PSW count toward ILR for 10 years and allother ILR as you are in UK in legal visa category.
It might help you Uzma.
cheers
------------------------
Check link
http://www.whatdotheyknow.com/request/ps...
----------------------------------------
IND Public Enquiries

19 March 2010
Dear Sir/Madam,

Thank you for your enquiry.

The UK Border Agency is able to confirm that in order to qualify for
Indefinite Leave to Remain on the basis of Long Residence, you will need
to demonstrate that you have been present in the United Kingdom
continuously for 10 full years, in any legal visa category or
combination of legal visa categories, including Tier 1 Post Study Work.

Yours Faithfully,

Wayne Fairweather
Immigration Group
UK Border Agency

-----------------

IND Public Enquiries

22 March 2010
Dear Sir/Madam,

Thank you for your enquiry.

Please be advised that the information on the UK Border Agency website
is correct.

While in itself the Tier 1 Post Study Work visa category does not lead
to eligibility for Indefinite Leave to Remain, as stated in my previous
e-mail response, in order to qualify for Indefinite Leave to Remain on
the basis of Long Residence, the applicant will need to demonstrate that
they have been present in the United Kingdom continuously for 10 full
years in any legal visa category or combination of legal visa
categories, including Tier 1 Post Study Work.

Yours Faithfully,

Wayne Fairweather
Immigration Group
UK Border Agency

Link to this

From: Uzma Kazmi

13 May 2010

Dear Freedom Of Information Team ( IND ),

Firstly, I would like to pay my thanks to all who replied to my
query. Now, I have another query related to my first query for that
you need to see the following e-mail that I received in 2007 from
the UK Border Agency, when I enquired if after 5 years, and that
includes student, PSW and 1 year of HSMP visas,I would be able to
apply for naturalisation. This is what they said:

"Dear Sir/Madam,

Thank you for your enquiry.

We can confirm that any period of legal residence in the UK can be
counted towards the 5 year qualifying period. This includes time in
the UK on a student visa.

Yours Faithfully
Beth Matthews
Customer Service Advisor
Border and Immigration Agency
Nationality General Enquiries
Dept 2
PO Box 306
Liverpool
L2 0QN
Tel 0845 010 5200
From overseas: 44151 672 5626"

I do not want to go for long residence if there is any 5 years
policy still in practice. Kindly, let me know about this matter
clearly, please.

Thank you all for your kind support. I really appreciate it from
the bottom of my heart.

Yours sincerely,

Uzma Kazmi

Link to this

From: Uzma Kazmi

13 May 2010

Dear Freedom Of Information Team ( IND ),

Sorry, I forgot to mention in my previous post that in this year's
February, I discussed the same thing, that is, staying legally in
UK for 5 years leads to naturalisation, with the immigration
advisor (IAS) and that lady replied me in positive that all those
years that I have spent in the UK including, student, PSW and Tier
1 General (HSMP) visa that I am planning to apply for, will be
counted towards the 5 years requirements to be fulfilled in order
to get the ILR leading to naturalisation.

See, this is where I get confused. You have informed that it will
take me another 6 years to be eligible for ILR whereas according to
the UK border Agency's e-mail in 2007 to me and this advisor's
advice states that I will be able to apply for ILR.

Please, do clarify. Your help in this regards is crucial.

Thank you once again for bearing with me.

Yours sincerely,

Uzma Kazmi

Link to this

S Garg left an annotation (13 May 2010)

Quote-marks Please see this
Any time spent on a student visa or IGS /PSW would not count towards the five-year requirement for indefinite leave to remain on the basis of either Tier 1 or Tier 2.
You have to complete five years on your Tier 1 or 2 status to qualify for ILR.

Or if you complete 10 years lawful and continuous residence in total in the UK then you can apply for permanent residence on the basis of 10 years long residence in the UK inclusing student/psw or any other visa.

By the way rules changed in June 2008 so your email of 2007 is not valid anymore.

Regards
Shashi

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