So often people can be mistaken to believe that settlement requirements are the same for all ILR (indefinite leave to remain) applications. This is NOT the case.
The first determination to make is to know what the applicant’s current UK status is. What type of residence permit does he or she hold?
Assuming that an applicant (for settlement) is in the UK under the ancestry rules, the requirements to be met include aspects of validity, suitability, absences and work and financial requirements set out in the relatively recently introduced “Appendix UK Ancestry” (amendment to UK immigration rules). The lead applicant needs to show that he/she has spent five years in the UK with permission on the UK Ancestry route. UK ancestry evidence must be provided again (even though this is likely to have been done in an earlier application).
It is important to note that dependants (partner and minor children) of the lead applicant will not have to show that they have been in the UK for five years; for example, if they arrived in the UK on a later date than the lead applicant. The dependant will normally follow the lead applicant’s approved status.
For more information please contact:
Daniel Dippenaar
Barrister-Immigration Consultant, Founder Member
Regulated by the Bar Standards Board (Bar Council of England and Wales)