Recent changes make it harder for dependants to obtain ILR

Right to remain in the UK

Obtaining a permanent residence permit (known as Indefinite Leave to Remain – ILR) in the United Kingdom was always a difficult process. However, with the latest changes introduced by the Home Office, the process is to become even more complicated for many applicants.

Prior to November 24, 2016, a partner of any Tier visa holder – when applying for ILR – had to demonstrate only that they have cohabited in the five years leading up to the date of application (this was usually demonstrated by providing joint bills, lease agreements and such other documents). There was no specific requirement in the rules that a partner had to spend any minimum period of time in the United Kingdom.

According to the newly amended immigration rules, a dependant can only obtain a residence permit only if he can demonstrate that he was not absent from the United Kingdom for more than 180 days in any of the five years prior to the submission of the application.

Such amendment applies to all dependant applicantions for ILR based on Points Based System (PBS) submitted after 24th of November 2016. This includes all Tier 1 (Investor), Tier 1 (Business), Tier 1 (Entrepreneur), Tier 2(General), and Tier 4 (Student) visa dependants.

In today’s rapidly changing world, it is very difficult to keep track of legal changes and their impact on your daily life. Oracle Capital Group can help you and your family to stay up to date with all aspects of immigration law. Get in touch with us for a free consultation.

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