Check you’re ready for 2021. Discretion should be used sparingly where there are factors that warrant a grant of leave despite the requirements of the Immigration Rules or specific policies having not been met. Exceptional circumstances raised - implicitly or explicitly. In order to naturalise as a British citizen you also have to demonstrate that: If a person lived in the UK before that date they have until the end of June to apply. Where we have identified any third party copyright information you will need to obtain permission from the copyright holders concerned. There may be cases where a longer period of leave outside the rules is considered appropriate, because there are other particularly compelling or compassionate reasons to grant leave for a longer period. When a grant of LOTR expires, the applicant is expected to leave the UK unless they are seeking to apply under a category of the Immigration Rules. The circumstances in which someone may be granted leave LOTR are covered either by this guidance, or separate guidance relating to European Convention on Human Rights (ECHR) Article 3 medical, Discretionary Leave, or where there is an existing published concession. This publication is licensed under the terms of the Open Government Licence v3.0 except where otherwise stated. Applicants seeking ILR outside the Immigration Rules should provide details as to why they should be granted ILR rather than limited leave. To help us improve GOV.UK, we’d like to know more about your visit today. Any compelling compassionate factors they wish to be considered, including any documentary evidence, must be raised within the application on their chosen route for it to be considered, if the requirements for leave on their chosen route are not met. First published. Indefinite Leave to remain (ILR), also known as settlement, is granted to those who have spent a qualifying period of continuous residence in the UK and meet the eligibility criteria for their visa category. This page tells you about the background, important principles, reasons to grant leave outside the rules (LOTR), documentary evidence and LOTR in respect of children and those with children. Where it is considered that the person can leave the UK within a short time of the date of decision, it will normally be appropriate to refuse the application or claim outright, not grant a period of LOTR and defer removal until such time as it is possible. Settled, a charity supporting applications to the EU Settlement Scheme, said the Home Office would consider any application if there is clear evidence Covid-19 has restricted a person’s return to the UK. 2 December 2013. Citizens of countries in the European Economic Area (other than British and Irish citizens) and Swiss citizens obtain permanent residence status automatically after five years' residence in the United Kingdom exercising Treaty rights rather than ILR. An example might be where an applicant or relevant family member has experienced personal tragedy and there is a specific event to take place or action to be taken in the UK as a result, but which does not in itself render refusal an ECHR breach. If they say no, ask the Court to decide. A person will then be eligible to apply for indefinite leave to remain once they have accumulated a period of 120 months (i.e. An extension application made out of time will however mean restarting the clock on the continuous period of leave required to qualify for settlement. Settlement indefinite leave to remain outside rules Type - leave to enter outside of the rules What does this mean? Businesses and individuals have been told to prepare, When the Covid tier review is and when to expect the announcement, I'm an ex-MP who is on Universal Credit - most people are just a few paydays away from hardship, Map of areas in all tiers of England's new restrictions - and how to check your area, 110 of the best Christmas jokes and funniest festive one-liners, Dominic Cummings mocks Carrie Symonds in coded attack as he speaks out after sacking. However, decisions on this are at the discretion of the Home Office Resolution Team. Where it is not possible to grant leave under the Immigration Rules or to grant asylum or Humanitarian Protection or Discretionary Leave, any other leave to enter or remain outside the Immigration Rules must be granted under a further category ‘Leave Outside the Rules’ (LOTR). These circumstances will mean that a refusal would result in unjustifiably harsh consequences for the applicant or their family, but which do not render refusal a breach of ECHR Article 8, Article 3, refugee convention or other obligations. The onus is on the applicant to evidence the factors that warrant a period of LOTR and should set out the period of leave required or requested in their application. Such cases are likely to be extremely rare. They do not constitute an exhaustive list of possible refusal paragraphs. If application for Discretionary Leave is successful, you will be granted an initial leave to remain for 30 months under the 10 years route to settlement. When the UK officially left the EU in January 2020, it entered into what was known as the “transition period”. The EU Settlement Scheme allows any non-British EU, EEA or Swiss nationals living in the UK before the end of the transition period to apply for indefinite leave to remain. It has also been considered whether the particular circumstances set out in your application constitute exceptional circumstances which might warrant a grant of leave to the UK outside the requirements of the Immigration Rules on compelling compassionate grounds. You have not raised any such exceptional circumstances, so it has been decided that your application does not fall for a grant of leave outside the rules. It will take only 2 minutes to fill in. Therefore, if a person with leave to remain under a route captured by the new rule is due to apply for ILR on, for example, 9 January 2020, and their last extension of stay for two years was on 10 January 2018 (and therefore covers them up to the point they can apply for ILR), they will only need to calculate absences for each consecutive 12 month period counting backwards 5 years (less 28 days) … Most successful applicants would require leave for a specific, often short, one-off period. But this rule also states that too much time outside the UK, either on a single trip or cumulatively, will “ break ” continuous residence. In terms of a person’s living situation, yes. This has been carefully considered, but your application does not fall for a grant of leave outside the rules because [set out reasons why the circumstances are not considered exceptional - include consideration of ILR where such grounds are raised]. The 10 years long residence route to indefinite leave to remain (ILR) provides a route to settlement based on continuous lawful residence in the UK for a period of 10 years. Conditions for limited leave should be no recourse to public funds, no work and no study. returning resident under the Immigration Rules. We use this information to make the website work as well as possible and improve government services. A grant of LOTR should be rare. This guidance tells you about the when it may be appropriate to exercise discretion to grant leave outside the Immigration Rules (LOTR) on the basis of compelling compassionate grounds (other than family and private life, medical, asylum or protection grounds). You have submitted [insert details of any evidence submitted]. You are also able to travel into and out of the country free from immigration control. There is nothing official in Home Office guidance. Indefinite leave to enter or remain can be granted outside the rules where the grounds are so exceptional that they warrant it. If you notice any formatting errors in this guidance (broken links, spelling mistakes and so on) or have any comments about the layout or navigability of the guidance then you can email the Guidance Rules and Forms team. It has always been possible to grant someone limited or Indefinite leave to enter/remain outside the Immigration Rules. If the application is on the family and private life form, it can be accompanied with an appendix 1 fee waiver application. Apply for leave outside the rules (LOTR). “We recommend that you retain evidence to prove you are/were unable to return to the UK during your absence abroad,” the charity said. Not all LOTR is granted for the same reason and discretion is applied in different ways depending on the circumstances of the claim and the applicant’s circumstances. The period of LOTR granted should be of a duration that is suitable to accommodate or overcome the compassionate compelling grounds raised and no more than necessary based on the individual facts of a case. The qualifying continuous period is generally 5 years, but there are some categories that have a reduced continuous period. But what will this mean for EU nationals living in the UK? Most successful applicants would require leave for a specific, often short, one-off period. From 1 April 2003 to 9 July 2012 the majority of applications which fell outside the Immigration Rules in the UK were considered within the discretionary leave (DL) criteria, which (along with humanitarian protection) replaced exceptional leave to enter or remain (ELTE or ELTR). Most grants of LOTR will be for a single short period of limited leave to enter or remain. You will need to make an application for settlement using the form called SET(O) – Application for indefinite leave to remain in the United Kingdom under the Tier 2 Category listed on the form. Where there are, leave to remain outside the Immigration Rules should be granted, on a possible 10-year route to settlement”. Caseworkers must be vigilant that a child may be at risk of harm and be prepared to refer cases immediately to a relevant safeguarding agency where child protection issues arise. Settlement is also known as an Indefinite Leave to Remain (ILR); Once you get Settlement Visa, you can travel freely to and from the UK. Three months temporary leave outside the rules may be awarded which will replace the woman’s existing leave. Factors, in the UK or overseas, can be raised in a LOTR application. This page tells you about the process to follow in considering leave outside the rules (LOTR) in entry clearance and leave to remain applications. Where a human rights claim has not been decided as part of the consideration, applicants who apply for a grant of leave outside the Immigration Rules and are refused will not have a right of appeal against the decision or an administrative review of the decision. To view this licence, visit nationalarchives.gov.uk/doc/open-government-licence/version/3 or write to the Information Policy Team, The National Archives, Kew, London TW9 4DU, or email: psi@nationalarchives.gov.uk. All content is available under the Open Government Licence v3.0, except where otherwise stated, nationalarchives.gov.uk/doc/open-government-licence/version/3, part 9 grounds for refusal within the Immigration Rules, Section 55 of the Borders, Citizenship and Immigration Act 2009, further leave (human rights other) (FLR (HRO)), further leave (Immigration Rules) (FLR(IR)) form, Coronavirus (COVID-19): guidance and support, Transparency and freedom of information releases. Apply for Settled Status or find out more from the Government here. Related content EU citizens will no longer be free to move to the UK with ease to live and work, as they have done until now, and the same will apply for UK citizens wishing to move to a European country. This publication is available at https://www.gov.uk/government/publications/chapter-1-section-14-leave-outside-the-immigration-rules/leave-outside-the-immigration-rules-accessible-version. © 2020 Associated Newspapers Limited. The requirements to be met for indefinite leave to remain as a person granted refugee status are set out at paragraph 339R of the Immigration Rules. when an individual has an unlimited time limit to stay in the UK. In relation to family and private life cases, there will be a consideration of any exceptional circumstances that apply – for family life cases this is built into Appendix FM of the Immigration Rules and for private life cases this consideration is done outside of the Immigration Rules. Any deviation from this should be rare and only where there is sufficient evidence to show why such conditions should not be applied. Attendance at a funeral, or to give evidence in an inquiry if the timings do not allow for them to leave and return in sufficient time to attend in-person are examples which may justify a short period of LOTR. This is particularly important where the decision may result in the child having to leave the UK, where there are obvious factors that adversely affect the child, or where a parent caring for the child asks us to take particular circumstances into account. Other visas offer fast-tracked settlement, allowing holders to apply for ILR after only 2 or 3 years. LOTR is not intended to be a route to remain in the UK, but instead provides a period of leave sufficient to overcome a compelling compassionate ground. Any compelling compassionate factors they wish to be considered, including any documentary evidence, must be raised within the application for entry clearance on their chosen route. Considerations of whether to grant LOTR should not undermine the objectives of the rules or create a parallel regime for those who do not meet them. 3.) published for Home Office staff on 27 February 2018, a crisis, disaster or accident that could not have been anticipated. Leave to remain and indefinite leave to remain: E-LTRP.3.4. Those applying must have been living in the UK before 31 December 2020 in order to qualify for the EU settlement scheme. The letter must be clear that LOTR is being granted on compelling compassionate grounds, including where medical circumstances have formed part of the reason for the grant of leave under this policy to distinguish the grant of LOTR from a grant outside the rules on a discretionary basis following an Article 3 medical consideration. This guidance applies to decision makers considering entry clearance, leave to remain and indefinite leave to remain applications. The Government has previously said no one will be disadvantaged by Covid-19 but it is still not clear how they will protect people prevented from travelling to the UK. It also applies to any non-EU relative of an EU, EEA or Swiss national. Your indefinite leave will lapse if you stay outside the UK for 2 or more years (5 or more, if granted settled status under the EU Settlement Scheme) at a time… Under the old immigration rules before 9 July 2012, you may be able to apply for indefinite leave to remain – settlement – after 6 years of discretionary leave to remain, including a discretionary leave to remain extension. Brexit transition. They may qualify for accelerated settlement after 3 years if applicant have created 10 new jobs or their business has received at least £5 million in income from business activity. This will depend on the amount of time spent outside … Placed into new template. Please help me here. If the applicant wishes to seek further LOTR, they must make an appropriate application. UK immigration terminology can be quite confusing sometimes and a classic example of this is when discussing Indefinite Leave to Remain, Permanent Residence, Indefinite Leave to Enter and also Settlement which all essentially mean the same thing, i.e. See refusal wordings. We use cookies to collect information about how you use GOV.UK. Compelling compassionate factors are, broadly speaking, exceptional circumstances which mean that a refusal of entry clearance or leave to remain would result in unjustifiably harsh consequences for the applicant or their family, but which do not render refusal a breach of ECHR Article 8, refugee convention or obligations. Settled status: ‘Left behind’ EU nationals struggle to apply for post-Brexit scheme without face-to-face help. The successful applicant will be granted leave to remain for 30 months under the 10 years route to settlement whereby an application for Indefinite Leave to Remain (ILR) can be made after 10 years of continuous residence in the UK under this visa category. Unless there are truly exceptional reasons, the expectation is that applicants should start a route to ILR and serve a probationary period of limited leave before being eligible to apply for ILR. With indefinite leave to remain (ILR), you are permitted to stay in the UK without restrictions on your time or activities in the UK. 1 7 days to go. Reasons for refusal under the relevant Immigration Rules where relevant, along with reason for refusal outside the rules must be included in the decision letter. Where the applicant is not subject to a fee exemption or concession, they must pay the relevant fees and charges. ILR applications need to be accompanied by the correct fee to be considered as valid. If an applicant in the UK wishes to be considered for a grant of indefinite leave to remain (ILR) outside the Immigration Rules, they should apply on form SET(O) and pay the relevant fees and charges. In order to make an application you will have to submit a residence card for a continuous period … The rights of EEA citizens are not governed by UK Immigration Regulations, but rather the EEA Regulations. Those who have not lived in the UK for at least five years will be granted pre-Settled Status. The fact that leave was previously granted is no guarantee that further LOTR will be granted. Any dependants of the main applicant seeking a grant of LOTR at the same time, must be included on the form and pay the relevant fees and charges. There may be factors raised which will be sufficiently short lived, that it is proportionate to refuse the application or claim on and give an undertaking not to remove the individual or expect them to leave the UK voluntarily until the circumstances have changed. Our expert Immigration Team prepares detailed and comprehensive representations to accompany Human Rights Applications outside of the Immigration Rules in order to explain the exceptional and compelling circumstances. The deadline for applying to the EU Settlement Scheme is 30 June 2021. They can spend up to 180 days (six months) outside the UK each year and still qualify for indefinite leave to remain. Where an Entry Clearance officer considers that an application for entry clearance raises compelling compassionate grounds, they must refer the application to the Referred Casework Unit (RCU) for consideration. In all family and private life cases, the decision maker will consider whether the Immigration Rules are otherwise met and if not, will go on to consider whether there are exceptional circumstances which would render refusal a breach of ECHR Article 8 because it would result in unjustifiably harsh consequences for the applicant or their family. It has also been considered whether your application raises any exceptional circumstances which might warrant a grant of leave to the United Kingdom outside the requirements of the Immigration Rules on compelling compassionate grounds. A person who has indefinite leave to remain (ILR) has no time limit on his or her stay and is free to work or study without restriction. If an applicant in the UK wishes to be considered solely outside the Immigration Rules, they should apply using the further leave (human rights other) (FLR (HRO)) application form or further leave (Immigration Rules) (FLR(IR)) form. Anyone with Settled Status can continue to live in the UK with the same rights as someone with indefinite leave to remain. The following wordings are examples. You can work at the job of your choice with no restriction in the UK; Long Residence (LR) is the category for those who have … Although ILR grants indefinite permission to reside in the UK, this status can be lost in … Tier 2 (Intra-company Transfer) (ICT) (if granted under the rules in place before 6 April 2010) Sole Representative of an Overseas Business; UK Ancestry; Other 5 year routes to settlement include the Spouse, Civil Partner and Unmarried Partner routes. When a person holds indefinite leave to enter or remain and they leave the UK, on their return, they must either meet the requirements in paragraph 18 or paragraph 19 of the Rules. Every case will be considered on its merits taking into account the individual facts of the case. You can work at the job of your choice with no restriction in the UK; Long Residence (LR) is the category for those who have … Where an applicant seeks to remain to overcome a personal tragedy, they must provide evidence of the reasons that they must remain in the UK, and for how long. Applicants seeking LOTR must provide documentary evidence to support their claim. Businesses and individuals have been told to prepare for a post-Brexit Britain as the UK approaches the end of the Brexit transition period. If your current limited leave to remain expires after June 2021, consider writing a letter to the Home Office requesting they approve your application for settlement outside the rules. Don’t include personal or financial information like your National Insurance number or credit card details. Overseas, can be accompanied by the correct fee to be considered as valid waiver policy accompanied the. 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