Dear Mr Bassie,

I am a Jamaican by birth, living in the United Kingdom for a few years, and an engineer by profession. I would like to remain here and I would like to know if I can apply for permanent residency.

Thanks.

Frank

Dear Frank,

Although you have not been specific with respect to how long you have resided in the United Kingdom, your marital status and what type of visa you had used to gain entrance to the country, I will still attempt to answer your query.

I will assume that you are seeking to remain in the UK based on your engineering professional qualification.

In order for you to be eligible for permanent residence - which is known in the UK as Indefinite leave to Remain (ILR) - you must first spend time in the UK under one of the following three visa classes: skills, family and business. The amount of time you would need to have spent in the UK depends on which class you are applying for. Also, persons requesting ILR are all required to take the "Life in the UK" test. After five years of continuously living in the UK as a highly-skilled migrant, you may apply for ILR.

It would seem you may be eligible to apply for ILR under the 'skills' class through Tier 1 (General). Tier 1 of the points-based system has replaced the Highly Skilled Migrant Programme (HSMP). This programme is designed to allow highly skilled people, such as yourself, to migrate to the UK to look for work or self-employment opportunities. As I stated, Tier 1 (General) is a points-based immigration scheme and you must score at least 95 points to be eligible. These points are awarded according to the categories that will now be outlined. First, 10 points will be awarded for English Language; another 10 points will be awarded for available funds for maintenance. You will be required to have available funds of £800 and to also have had £2,800 during the first three months prior to the application being received. Also, if you have children who will be accompanying you, then you will need to have a further £1,600 for each dependant. You will also be awarded 75 points for your attributes, that is, your age, qualifications, experience in the UK and previous earnings.

With respect to age, the younger the applicant is, the more points that will be awarded. Also, as far as your qualifications are concerned, a bachelor's degree or higher is required and all qualifications will be based on equivalency to UK qualifications. The amount of points gleaned from your UK experience are based on whether or not you studied and graduated with a bachelor's degree or higher in full-time education in the UK or at a UK-based educational institution, for at least one academic year, and also if you have work experience in the UK. Your previous earnings, that is, your earning power that was linked to your country of residence, will increase the points awarded and your present level of income will also have an effect on the points given. In addition, points are awarded if your previous earnings were in the United Kingdom.

You should also be aware that, when applying for ILR, you will need to show that you will continue to meet the requirements on which the home office originally granted you your visa; you have generally stayed in the United Kingdom for the duration of that visa and you have not spent more than 90 days per year outside of the United Kingdom. You can apply for ILR one month prior to the completion of your visa.

John S. Bassie is a barrister/attorney-at-law who practises in Jamaica. He is a Supreme Court-appointed mediator and a fellow of the Chartered Institute of Arbitrators. Email: lawbassie@yahoo.com or editor@gleanerjm.com.