This blog highlights the new UK immigration rule set to be implemented from 12 April 2023.
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According to UK immigration rules, the option to apply for indefinite leave to remain is available for those who complete 10 years of continuous lawful residence. Any type of permission to stay is currently regarded as a lawful residence, including those in a temporary category and a long-term immigration route for settlement.
However, temporary immigration categories, including short-term student visas, visitor visas, and temporary admission granted until an application for humanitarian protection or asylum is processed, will be excluded from lawful residence from 12 April 2023.
Don’t forget applications filed before 13 April will follow the current rules, while applications submitted after 12 April will follow the new rules even if an applicant’s period of residence is dated before 12 April 2023.
Interestingly, this change will be specifically important for people living in the UK for 10 years who are yet to file for an indefinite leave to remain. The rule doesn’t state that applicants must have 10 years of continuous residence up to the time of submitting their application. This means a child who lived in the UK for 10 years but was taken back to their home country can go for indefinite leave to remain as an adult on the basis of the time previously spent in the UK. However, the duration of an applicant’s stay of 10 years, which counts as a qualifying period, will change after 12 April 2023.
The new policy can turn out to be frustrating since it is expected to cause more delays in the decision-making process of applications. Plus, the Home Office cannot be made to comply with a specific timeframe. It becomes increasingly challenging to fix a reasonable timeframe to make a decision for an application. Moreover, the longer it takes to process an application, the harder it gets to figure out a reasonable time to follow.
We hope you found this information helpful. Follow our blogs for the latest updates and informative content on UK immigration.