HOW TO SETTLE IN THE UK
It has found out that from 2012 to 2017 the home office mistakenly detained over 850 immigrants, some of whom had valid leave to remain within the United Kingdom at the time.
When individuals talk about relocating to the UK, many people desire to apply for “permanent residence” at the beginning of their UK immigration journey. In most scenarios, this is not possible – an application for settlement or indefinite leave to enter/remain generally obligates a minimum residence period in the UK of between 2 and 5 years relying on the visa category.
Now, let’s talk about the significance of the Visa Category Selected
It is vital to choose a suitable visa category which permits you to do what you desire to do in the UK, in addition to ultimately being able to apply for settlement (if that is an idea).
For example, both the Skilled Worker and Intra-Company Transfer categories permit individuals to work in the UK; on the other hand, only individuals in the Skilled Worker route will be entitled to apply for settlement after 5 years, if they fulfil all the obligations.
An important obligation is that employers carry on to hold a valid sponsor licence. Organisations will be cautious that a sponsor licence is valid for 4 years, and they will have diarised to renew their sponsor licence. Without a valid sponsor licence, the individual will not be entitled to apply for indefinite leave to remain, and may be illegally working.
Are you wondering about the Absences from the UK
Another vital obligation, not just in the Skilled Worker category but for most routes entitled for settlement, is that individuals cannot be absent from the UK for over 180 days in any rolling 12 month period, throughout the minimum residence period. There are exclusions which might apply, and some visa categories even permit specific work-related absences to be discounted from the “180 day rule”.
Furthermore, it is also not just the responsibility of Skilled Worker migrants to keep a record of their absences, but sponsors also have a responsibility to keep a record. Actually, many employers and HR staff already keep a record in the personnel files for each employee. Moreover, employers are obligated to confirm in writing to the UK Home Office, that the individual is still obligated for work for the probable future, and will be paid the minimum salary.
VISA CATEGORIES WITH LESS THAN 5 YEAR RESIDENCY REQUIREMENTS
Please keep in mind that there are a number of visa categories that permit individuals to apply for settlement in under 5 years if all the obligations are fulfilled, which are as follows:
Tier1 Investor Visa, Innovator Visa and UK Global talent visa
Lastly, let’s tell you if it is possible to merge Time Spent in Another Visa Category?
Relying on the individual’s present and previous visa categories, it may be likely to combine time spent continuously in the UK, to fulfil the applicable minimum residence period. For example, if an individual has spent a continuous period of 5 years in the UK, with 3 years in the Sole Rep category, and then 2 years in the Skilled Worker category, then the minimum 5 year residence period is fulfilled. On the other hand, the same minimum residence period is not fulfilled if merging 2 years on a Student visa and 3 years in the Skilled Worker category.
Please keep in mind that, there is also the Long Residence rule which denotes that individuals who have continuously and legally resided in the UK for 10 years, can merge all their different UK visas to become entitled to apply for settlement. Under the Long Residence rules, the UK Home Office presently state that absences from the UK cannot be more than 540 days.
The rules to become entitled to apply for settlement in the UK will be dissimilar for each individual, dependent on their own immigration conditions. Employers/sponsors should make sure that key dates are noted to make sure correct steps are taken at the correct time, and that good records are kept.