Important Information for Tier 1 and Tier 2 visa holders: Changes to the criteria for
applying for settlement (Indefinite Leave to Remain)
The UKBA have clarified the criteria for applying for settlement (Indefinite Leave to Remain).
Previously, applicants had to demonstrate that they have had continuous residence in the UK
for 5 years and the number of absences from the UK did not exceed 180 in total for the whole
5 year period.
LSE is acutely aware that a maximum of 180 days absence from the UK in a five year period
is virtually impossible for most academics and researchers to meet and the School has
undertaken every opportunity to lobby the UK government regarding changing this criterion to
accommodate academic and research work.
From 13 December 2012, the UKBA have amended the criteria to allow for absences of up to
180 days per year, in each of the five years of continuous residence.
Skilled migrants who settle here are required to have maintained a clear connection with and
be contributing to the UK, but need flexibility to be able to travel for their legitimate business.
Absences must be for a reason that is consistent with the individual’s employment or
economic activity, so for example business trips, conferences, research collaborations,
periods of annual leave – or for serious or compelling reasons such as the serious illness of a
close relative.
Visa holders are advised to continue to keep records of all of your travel dates and the
reasons for travel, for example invitations to conferences, and trips abroad for research and to
show how the travel relates to your employment at LSE. This will help applicants to collate
the information regarding their travel more easily when preparing their application for
settlement in the future.
We hope that you will find this change positive and the information helps individuals when
making a settlement application.
Individuals who would like further information about applying for settlement, should visit the
UKBA website:
http://www.ukba.homeoffice.gov.uk/visas-immigration/settlement/. Alternatively, if you have a
general query about visas or settlement, please contact the HR Adviser for your department.
Human Resources Division
18 December 2012