Calculating days out of the country when you have lost your old passports
Many applicants for Indefinite Leave to Remain under either the 5 year route, but more commonly the 10 year route don’t have their old passports. This is usually due to their home governments keeping the old passports when they renew but other times due to losing a passport and getting it replaced. You should ensure you have all your records to prove days out of the country for ILR or you may be refused and have to leave the UK. If you don’t have email records or other information that can help you keep track of days out of the UK then you can follow the below procedures to help with your ILR application.
You need to make a Subject access Request (SAR) to the Home Office, formerly the UKBA. If you download the form and instructions on this link you will be able to get the information you require for ILR. This process may take some time so may not be suitable for those running out of time. Without a record or your days out of the country you risk being refused ILR so it’s best to obtain this to fix the problem of missing passports.
A final tip is to remember that days out mean full days and not travel days.
You travel to Paris on 03/05/14 and return on 04/05/14 This is equivalent of no days out of the UK
If you travel to Paris on 03/05/14 and return on 06/05/14 then you have been out of the UK for 2 days
Settlement in the UK is continually becoming more difficult
Migrants have settled in the UK for 1000s of years. It’s only been in the past generation that this process has become much more complex, tricky and harder to obtain. Those here working on various work permits and visas are now finding it harder than ever to obtain Indefinite Leave to Remain. Continual government changes over the past 4 years have seen this process become very hard.
There has been the introduction of English language requirements for both partners and main applicants, even those on work visas where in the past it was only for those on the spouse visa route. The life in the UK test has been made harder and will likely be made even harder in the future. For some they now have to wait 5 years instead of 2 or 3 years with some of the new changes in settlement rules. Children who come with their mother to join their father are left without settlement even if one parent has now gained British Citizenship.
These are some of the new complexities and difficult situations that have been created to reduce immigration in and to the UK. Planning is essential and key to ensure you don’t fall down in your Indefinite Leave to Remain application to some of these rules and requirements. It is best to plan ahead and consider how you would deal with issues in advance. Being prepared and knowing what to expect in advance will give you the greatest chance of success when it comes to your Indefinite Leave to Remain application in the UK.
Tier 1 General Extension closure
The Home Office has decided to close the Tier 1 General visa down for good. This means no more extensions after APRIL 2015 for any on the Tier 1 General route. This can cause serious issues to some people who may be short of a few months or maybe a year before they are able to obtain settlement (Indefinite Leave to Remain). The Tier 1 General Extension closure will cause problems for some Tier 1 holders who fall short for ILR. Here are some tips from WM Immigration to help you consider your situation.
- Review the date your first visa was issued and the time you entered the UK
- Check to see if you qualify for ILR before April 2015
- Review the amount of days you have been absent. You may think you are eligible only to find out your ILR clock may start from a different date
- Think about maintenance funds for your Tier 1 General Extension before the April 2015 closure
- Consider your earnings now and how much you will have by then ensuring you will meet the threshold for points
If you are unsure about any of the process it is advised to seek professional advice. If you are refused an extension or fail to obtain settlement you will likely have to leave the UK. Obtaining Tier 2 and other visas has become much more difficult and other options may reset your ILR clock.
Changes to the Immigration Rules
18 July 2012
A written ministerial statement has been laid in Parliament outlining a number of changes to the Immigration Rules.
These will come into effect tomorrow (20 July 2012) and have been made following the Supreme Court’s judgment in the cases of Alvi, Munir and Rahman.
The changes will not affect the way we consider applications. They support our ongoing work to simplify the immigration system and ensure that existing policy and guidance is transferred into the Immigration Rules where necessary.
For full details, please see the Statement of Changes to the Immigration Rules (Cm 8423) and the explanatory memorandum on the right side of this page.
UK Visa Application Fee Increase
New immigration fees coming 6 April 2012
Immigration minister Damian Green has issued a written ministerial statement proposing an increase in visa fees, and an increase in UK-based visa application fees.
The proposals will be laid in Parliament in 2 separate regulations and, subject to Parliamentary approval, the government hopes to bring the new fees into force from 6 April 2012.
Immigration minister, Damian Green said:
‘It is only fair that those who use and benefit from the immigration system contribute a higher share of the cost of running it – reducing the burden on the UK taxpayer.’
Fees will increase by only 2 per cent in the majority of cases, but there will be higher increases on certain routes.
A full table of the proposed fees is included in the written ministerial statement, which can be downloaded from the right side of this page.