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News UpdateChanges to the immigration rules affecting indefinite leave to remain applications - March 2006On 13 March 2006 the Home Office announced important changes affecting people applying for leave to remain and indefinite leave to remain (or settlement) in the UK. The changes will take effect from 3 April 2006. The key points to note are that for all employment-related categories of entry to the UK (including work permit holders, highly skilled migrants, investors, innovators, sole representatives, UK ancestry entrants, those setting up in business or self employment and retired persons of independent means) the qualifying period for indefinite leave to remain (settlement) is now 5 years. In addition, these changes will affect people already in the UK who may have been expecting to qualify for settlement after a 4 year period. It is important that any person currently eligible and wishing to apply for settlement on the basis of 4 year’s continuous leave to remain in the UK in a qualifying category submits her/his application prior to the 3rd April 2006. The Home Office has transitional arrangements in place to ensure that those who apply before the changes take effect will have their applications processed under the old rules, even if the decision is made after 3 April. The date of application will be the date of postage. Transitional arrangements also apply for those who apply for settlement immediately after 3 April having only completed 4 years in the UK: these applicants will have the opportunity to vary their application to a one year further leave to remain application without losing their original application fee. Work permit holders will also require their employer to apply for a new work permit. Law centre (NI) 14 March 2006 |
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