Immigration Resource
Andrew
February 16th, 2006, 08:45 PM
I posted a while back about a concession tucked away in one of the
annexes to the Immigration Directorate Instructions which read
There was some discussion on this group about why such a concession
should exist. Just as an update, I did eventually find out more about
the origin of this concession. As I supposed, there was some connection
with the Special Voucher Scheme, which was abolished a few years ago.
In the annex to the IDIs which used to give guidance on the SVS, there
was the following paragraph:
Other concessions which may be of interest to posts overseas
[8] Retired UKPHs of independent means (as defined in the Rules) are given unconditional entry to the United Kingdom.
[9] UKPHs who hold work permits are given unconditional entry to the United Kingdom.[/quote]
<http://www.nationalarchives.gov.uk/ERO/records/ho415/1/ind/idi/c7s2c.htm
Although the SVS has been abolished, the annexes which refer to both
these additional concessions are still in the IDIs, and there has never
been any announcement abolishing these published concessions. Indeed, I
have a very short terse letter from the relevant minister which refers
to the work permit concession in the present tense. Unfortunately the
problem I faced was that Indefinite Leave to Enter can no longer be
given at UK ports of entry, and there might be a quibble about the
difference between ILE and ILR. I eventually got ILR based on the
10-year rule, so never found out whether Croydon would give qualifying
BOCs ILR on the basis of the concessions.
So, for future reference, I believe the position is as follows:
A British Overseas Citizen or British Protected Person who holds a UK
passport, and
a) holds a valid UK work permit, or
b) holds entry clearance as a retired person of independent means
is entitled to be admitted to the UK without conditions. However, as
there is currently no provision for ILE to be given at ports of entry,
application should be made to the IND for ILR once in the UK. Like all
concessions, this is discretionary, but in my opinion it would be
difficult for the IND to refuse to follow its published concessions. It
might be argued that the concessions are no longer applicable, or that
ILR is different to ILE, but I think that in the end ILR will be given.
annexes to the Immigration Directorate Instructions which read
There was some discussion on this group about why such a concession
should exist. Just as an update, I did eventually find out more about
the origin of this concession. As I supposed, there was some connection
with the Special Voucher Scheme, which was abolished a few years ago.
In the annex to the IDIs which used to give guidance on the SVS, there
was the following paragraph:
Other concessions which may be of interest to posts overseas
[8] Retired UKPHs of independent means (as defined in the Rules) are given unconditional entry to the United Kingdom.
[9] UKPHs who hold work permits are given unconditional entry to the United Kingdom.[/quote]
<http://www.nationalarchives.gov.uk/ERO/records/ho415/1/ind/idi/c7s2c.htm
Although the SVS has been abolished, the annexes which refer to both
these additional concessions are still in the IDIs, and there has never
been any announcement abolishing these published concessions. Indeed, I
have a very short terse letter from the relevant minister which refers
to the work permit concession in the present tense. Unfortunately the
problem I faced was that Indefinite Leave to Enter can no longer be
given at UK ports of entry, and there might be a quibble about the
difference between ILE and ILR. I eventually got ILR based on the
10-year rule, so never found out whether Croydon would give qualifying
BOCs ILR on the basis of the concessions.
So, for future reference, I believe the position is as follows:
A British Overseas Citizen or British Protected Person who holds a UK
passport, and
a) holds a valid UK work permit, or
b) holds entry clearance as a retired person of independent means
is entitled to be admitted to the UK without conditions. However, as
there is currently no provision for ILE to be given at ports of entry,
application should be made to the IND for ILR once in the UK. Like all
concessions, this is discretionary, but in my opinion it would be
difficult for the IND to refuse to follow its published concessions. It
might be argued that the concessions are no longer applicable, or that
ILR is different to ILE, but I think that in the end ILR will be given.