General requirements for indefinite leave to remain 128A. For the purposes of references in this Part to requirements for indefinite leave to remain: (a) "continuous period of 5 years or 4 years lawfully in the UK" means, subject to paragraph (aa), residence in the United Kingdom for an unbroken period with valid leave, and for these purposes a period shall not be considered to have been broken where: (aa) For the purposes of paragraph (a), time spent with valid leave in the Bailiwick of Guernsey, Bailiwick of Jersey or the Isle of Man may be included in the continuous period of 5 or 4 years residence in the UK, provided that: (i) the leave granted in the Bailiwick of Guernsey, Bailiwick of Jersey or the Isle of Man was granted in a category equivalent to those specified in the indefinite leave to remain provisions in this Part; and (ii) any period of leave granted in the Bailiwick of Guernsey, Bailiwick of Jersey or the Isle of Man as a work permit holder was for employment: (a) in a job which appears on the list of occupations skilled to National Qualifications Framework level 3 or above, as stated in the Codes of Practice in Appendix J, or (b) in a job which appears in the Creative Sector Codes of Practice in Appendix J, or (c) as a professional sportsperson (including as a sports coach); and (iii) in the case of leave granted in the Bailiwick of Guernsey, Bailiwick of Jersey and the Isle of Man as an overseas domestic worker in a private household, it was granted before 6 April 2012; and (iv) the most recent period of leave in the relevant continuous period of 5 years or 4 years has been granted in the United Kingdom. (i) the applicant has been absent from the UK for a period of 180 days or less in any of the five consecutive 12 calendar month periods (or four consecutive 12 calendar month periods where the applicant is applying under the terms set out in Appendix S) preceding the date of the application for indefinite leave to remain; and (ii) the applicant has existing limited leave to enter or remain upon their departure and return, except that where that leave expired no more than 28 days prior to a further application for entry clearance, that period and any period pending the determination of that application shall be disregarded; and (iii) the applicant has any period of overstaying between periods of entry clearance, leave to enter or leave to remain of up to 28 days and any period of overstaying pending the determination of an application made within that 28 day period disregarded. (b) Except for periods when the applicant had leave as a highly skilled migrant, a self-employed lawyer, a writer, composer or artist, an innovator or on the grounds of his UK Ancestry, and subject to paragraph (ba): (ba) For the purposes of paragraph (b), continuous employment in the UK may include employment in the Bailiwick of Guernsey, Bailiwick of Jersey and the Isle of Man under the terms of his work permit or in the employment for which he was given leave to enter or remain, provided that the most recent work permit or period of leave was granted in the UK; and, in any such case, paragraph (b) shall apply to employment in the Bailiwick of Guernsey, Bailiwick of Jersey and the Isle of Man in the same way as it applies to employment in the UK. (i) the applicant must have been employed in the UK continuously throughout the five years, under the terms of his work permit or in the employment for which he was given leave to enter or remain, except that any breaks in employment in which he applied for leave as a work permit holder or as an employee under any provision of this section to work for a new employer shall be disregarded provided this is within 60 days of the end of his employment with his previous employer. (ii) any absences from the UK must have been for a purpose that is consistent with the continuous permitted employment in (i), including paid annual leave or for serious or compelling reasons.
Posted on: Fri, 19 Jul 2013 01:01:07 +0000
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