Important Information Regarding Recent changes to Tier 2 and Indefinite Leave to Remain

The UK Border Agency has recently changed the UKs immigration rules regarding Tier 2 and
Indefinite leave to Remain.

These changes affect all individuals who entered the UK on or after 6 April 2011.

Summary of Changes

The changes are as follows:

1. Tier 2 visa holders can now only stay in the UK under this category for a maximum of 6 years
in total.
2. Tier 2 visa holders who wish to stay in the UK beyond 6 years, must apply for Indefinite Leave
to Remain after 5 years of continuous residence in the UK.

3. Tier 2 visa holders who are unable to apply for Indefinite Leave to Remain will be required to
leave the UK once they have been in the country for 6 years and will be unable to apply for
another Tier 2 visa for at least 12 months.

Essentially, all individuals who wish to stay in the UK beyond 6 years, will be required to apply for
Indefinite Leave to Remain in order to continue to live and work in the UK.

Applying for Indefinite Leave to Remain

Tier 2 visa holders must apply for Indefinite Leave to Remain after residing in the UK for a continuous
period of 5 years. Indefinite Leave to Remain allows individuals to live and work within the UK without
restriction.

In order to be eligible to apply for Indefinite Leave to Remain individuals must:

1. Demonstrate that they have resided in the UK for a continuous period of 5 years.
2. Ensure that the number of days that they are outside of the UK does not exceed 180 days
in total for the 5 year period. This includes personal trips such as holidays, and also,
potentially business travel. It is therefore very important that all possible steps are taken
to ensure that business travel is properly recorded as such and that the UKBA does not
penalise individuals who are out of the country for this purpose.
3. Ensure that no single absence from the UK exceeds 90 consecutive days.

Further information about how to apply for Indefinite Leave to Remain can be found on the UKBA
website: http://www.ukba.homeoffice.gov.uk/visas-immigration/settlement/applicationtypes/

What actions should affected employees take now?

It is advisable that employees take the following steps now to make their Indefinite Leave to Remain
application easier.

1. Keep a record of the details of all business and personal trips out of the UK, including the
dates and reason for travel, and ensure that their passport is stamped accordingly. The
UKBA will require this information at the time of application for Indefinite Leave to Remain and
so it will make the application process easier if this information is already complete.
2. Retain any correspondence relating to any business travel, such as invitations to
conferences, travel itinerary, head of department approval, career development/mentoring
meetings etc.
 3. Forward plan all business trips overseas to maximise efficiency, for example, grouping similar
destinations together to reduce the amount of time required outside of the UK.
4. Consider using Skype or teleconferencing for short business trips.
5. Ensure that no single trip outside of the UK lasts for 90 consecutive days or more.
6. When preparing Indefinite Leave to Remain applications, individuals should ask their HR
Adviser to prepare a letter to confirm that business travel was essential for the successful
execution of the role and would have had serious consequences for the Schools reputation
and/or the successful completion of the research project had the business travel not been
undertaken.

When should individuals apply for Indefinite Leave to Remain?

Individuals should apply for Indefinite Leave to Remain once they have been in the UK for a
continuous period of 5 years, and before the end of their 6th year in the UK.

Applications should be submitted to the UKBA no more than 28 days prior to the date that they
become eligible to apply for Indefinite Leave to Remain.

When preparing the application, individuals should ensure that they read the UKBA guidance carefully
and ensure that they use the most up-to-date application form and that their application is complete
and accurate.

Further information about how to apply for Indefinite Leave to Remain can be found on the UKBA
website: http://www.ukba.homeoffice.gov.uk/visas-immigration/settlement/applicationtypes/ Please
note that information on the website changes regularly.

Queries about the recent immigration changes

Please contact your HR Adviser as soon as possible if you have any queries about the immigration
changes:
http://www2.lse.ac.uk/intranet/staff/humanResources/aboutHR/home.aspx

Human Resources Division

May 2012