Dear Mr Bassie,

I want to apply for permission to stay in the United Kingdom, but I understand that there have been some recent changes in the immigration rules with respect to this. If this is so, could you please inform me of the changes?

-O.A.

Dear O.A.,

Thank you for your email. Although you have not told me what your status is in the United Kingdom, I will still attempt to answer your query.

There have been some new immigration rules that have came into force as of July 9, 2012. These new rules have changed the length of time that family members must be in the United Kingdom before applying for settlement.

These rules apply to the partners of British citizens; persons settled in the United Kingdom; persons who are in the United Kingdom with refugee leave; or persons in the United Kingdom under humanitarian protection.

The new rules state that if a person applied to go to the United Kingdom or had applied for permission to stay there on or before July 8, 2012, and that permission was granted, he or she would have needed to be in the United Kingdom for two years before he or she could apply for settlement.

However, if a person has applied to go to the United Kingdom or for permission to stay there on or after July 9, 2012, for the five-year family route and that permission was granted, then he or she would have needed to be in the United Kingdom for five years before he or she could apply for settlement. That would mean that person would have initially been given leave to enter for two and a half years, and then the prospective applicant could apply for another period of two and a half years.

If you applied on or after July 9, 2012, to go to the United Kingdom, or for permission to stay there for the 10-year family route, or for permission to stay there on the 10-year private life route and that permission was granted, then you would need to be in the United Kingdom for 10 years before you can apply for settlement.

The applicant would have initially been given leave to enter for two and a half years, and then he or she could apply for three more periods of two and a half years.

All the best!

John S. Bassie is a barrister/attorney-at-law who practises law in Jamaica. He is a justice of the peace, a Supreme Court-appointed mediator, a Fellow of the Chartered Institute of Arbitrators, a chartered arbitrator and a member of the Immigration Law Practitioners Association (UK). Email: lawbassie@yahoo.com.