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Disaster for Ancestry Candidates for ILR


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Old 13-03-2006, 08:49 PM   #1
alvonhumb
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Disaster for Ancestry Candidates for ILR

From the IND website:

"From March 13 2006, there will be important changes in Immigration Rules, which will affect people applying for leave to remain, and indefinite leave to remain (or settlement), in the UK. The changes will take effect from 3 April this year.

The changes, in summary, are: -

For all employment-related categories of entry to the UK, and those who have entered under the Ancestry category, the qualifying period for indefinite leave to remain (settlement) is now 5 years."

Full text here
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Old 14-03-2006, 11:25 AM   #2
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The link doesn't seem to download, anyone else have these problems?
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Old 14-03-2006, 12:14 PM   #3
Venus
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Originally Posted by TracyW
The link doesn't seem to download, anyone else have these problems?
I tried it earlier & it worked but seem to be having problems now. Perhaps they're working on their site.
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Old 14-03-2006, 12:41 PM   #4
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IND website is notoriously bad:

Here's the summary copied over:

From March 13 2006, there will be important changes in Immigration Rules, which will affect people applying for leave to remain, and indefinite leave to remain (or settlement), in the UK. The changes will take effect from 3 April this year.The changes, in summary, are: -

For all employment-related categories of entry to the UK, and those who have entered under the Ancestry category, the qualifying period for indefinite leave to remain (settlement) is now 5 years.

The initial grant of leave to remain will now be 2 years (except for Work Permit holders and Retired Persons of Independent Means), followed by a subsequent period of up to 3 years. The rules previously allowed for an initial period of up to 12 months leave to be granted, followed by a subsequent period of up to 3 years,

The UK ancestry provision has been changed to allow leave to be granted in a 2 and 3 year pattern, rather than allowing one single period up to the settlement qualifying period.

Retired Persons of Independent Means will still be eligible for one single period of leave all the way up to the settlement qualifying period as before.
Work Permit holders will still be eligible for an initial grant of leave up to the currency of their work permit.

Highly Skilled Migrant's will now be able to amalgamate continuous time spent in the UK as a work permit holder, Highly Skilled Migrant and / or an Innovator when applying for indefinite leave to remain as a Highly Skilled Migrant.
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Old 14-03-2006, 02:19 PM   #5
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The question is, is the change restrospective??? I see the time frame for ILR on ancestry is still five years bit based on 2 and 3 years opposed to 4 and 1.
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Old 14-03-2006, 02:44 PM   #6
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The question is, is the change restrospective??? I see the time frame for ILR on ancestry is still five years bit based on 2 and 3 years opposed to 4 and 1.

I am being my usual confused self here, but since when was it 4 and 1? I applied for my ILR 3 months prior to the end of my fourth year here.
I don't understand what this changes and if you already hold the Ancest Visa how do you "get" another year?
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Old 14-03-2006, 03:16 PM   #7
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Quote:
Originally Posted by TracyW
I am being my usual confused self here, but since when was it 4 and 1? I applied for my ILR 3 months prior to the end of my fourth year here.
I don't understand what this changes and if you already hold the Ancest Visa how do you "get" another year?

It appears that where it was 4 years, it is now 5 years, whereafter you can apply for ILR. I think where the 2/3 years come in is that it appears after 2 years you have to apply for the next 3 years and have to prove you can still provide for yourself. I think it is also a good way of shortening the AV as you are not guaranteed the next 3 years!!! :sad:
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Old 14-03-2006, 04:15 PM   #8
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As you need to hold IRL for 1 clear year before appying for naturalisation, I suspect the new rules will result 6 + years U.K. residence before naturalising.
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Old 14-03-2006, 06:12 PM   #9
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Yup, my guess too.

The HO/IND have created enormous uncertainty here. The rules can change any time and existing AV holders have absolutely no rights on this.

And the result?

Alienating people who by definition are here supporting themselves and the UK economy with a view to possibly settling in their ancestral country. (Without access to any state support mechanisms available to the local populace - good deal for the UK)?

Just doesn't make sense, but those of us caught up in the mess will just have to be patient and hope no additional rule changes send us packing whene we've served a purpose here and have no chance of picking up again back home.
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Old 14-03-2006, 06:28 PM   #10
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Quote:
Originally Posted by alvonhumb
Yup, my guess too.

The HO/IND have created enormous uncertainty here. The rules can change any time and existing AV holders have absolutely no rights on this.

And the result?

Alienating people who by definition are here supporting themselves and the UK economy with a view to possibly settling in their ancestral country. (Without access to any state support mechanisms available to the local populace - good deal for the UK)?

Just doesn't make sense, but those of us caught up in the mess will just have to be patient and hope no additional rule changes send us packing whene we've served a purpose here and have no chance of picking up again back home.

I think they are changing this to a 2/3 year period to see what the influx from the EU is going to be. If it is too much, they can refuse a further 3 years and change the rules and you won't have a leg to stand on.

They are targeting the wrong people.
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