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Monday, October 11, 2010

UK Immigration - Dependents may not qualify for indefinite leave to remain in future

There have been proposals that in future may result in adult dependents of skilled workers under say the Tier 1 visa and Tier 2 visa scheme not being able to apply for indefinite leave to remain. In most cases dependents over the age of eighteen can apply for indefinite leave to remain at the same time as their parents. In future children of Tier 1 visa and Tier2  visa holders may have to come under another visa category to be able to stay in the  UK  They may, for example, be able to remain as Tier 4 students or try and come under the Tier 1 visa or Tier 2  visa scheme themselves. As it has become more difficult to come under the Tier 1  and Tier 2 visa scheme many children of skilled workers will find it difficult if not impossible to remain in the UK. If the Tier 1 post study work scheme is also abolished in future this will make it even more difficult for dependents over eighteen years of old to remain in the UK.

It is not certain when the new requirements will come in. These proposals still have to be debated by Parliament. If you are concerned that your family may not meet the requirements for indefinite leave to remain in future you should seriously consider applying as soon as possible and hopefully avoid tougher immigration  requirements for permanent residence in future. It should also be noted that from July 2011 it is likely that you will no longer be able to apply for indefinite leave to remain. You will need to come under the more complicated "path to citizenship" scheme.

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