A Y & J Solicitors were instructed by one of our clients with Diplomatic status in the UK to proceed with an Indefinite Leave to Remain/settlement application in the UK. Mr M consulted us after being referred by a previous client and his colleague.
The application was submitted with reference to paragraph 276B of the Immigration Rules at the UK Visas and Immigration (UKVI) Premium Same Day Service (PSC) in Croydon.
According to the international legislation, UKVI does not have the power to make a decision on further/Indefinite Leave to Remain application for a person who continues to be exempt from UK immigration control. An application for settlement could only be considered by the UKVI if the foreign diplomat becomes subject to immigration control at the time of submitting his Indefinite Leave to Remain/ settlement application.
Mr M’s time spent in the UK whilst he was exempt from immigration control counts towards the requirements for ten years of continuous lawful residence. As part of the requirement of this immigration application, he ceased being exempt at the time of application. He was deemed to have a 90 days’ Leave to Remain by the operation of the statute on the day he ceased being exempt from immigration control.
Son after he ceased of being exempt from immigration control we assisted with the submission of his settlement application on the basis that he had spent over 10 years of residency in the UK as per the requirement in paragraph 276B (i)(a). Mr M has been a resident in the UK since his arrival in 1966 as a Foreign Diplomat having been issued with a diplomatic exempt visa valid during the period of his employment with his Embassy.
Although Mr M provided all his previous passports to confirm his travel history, we also provided UKVI with a spreadsheet which detailed our client’s travels in and out of the UK for the last 10 years. Mr M was absent from the UK 334 DAYS from a possible 18 months (540 days), thus falling within the definition in paragraph 276A(v) of the Immigration Rules. Mr M was legally permitted to reside in the UK for over ten years and had never overstayed his leave.
We argued that in relation to paragraph 276B (ii) of the Immigration Rules, Mr M was of a good character in light of not having any civil or criminal offences abroad and/or in the UK.
In respect of the knowledge of language and life (Koll) requirement, Mr M was exempt from it as he was over 65 years of age at the time of application.
We argued that he had effectively contributed to British society and that his long-established position as a Foreign Diplomat had contributed to the relationships between the UK and the foreign country he represented.
Mr M was granted Indefinite Leave to Remain on the basis of his ten years of continuous lawful residence in the UK. Throughout the instruction, we provided Mr M complete support and liaised with his PA to collect/collate the necessary information/documentation to help Mr M obtain his Indefinite Leave to Remain/settlement.