Dear Mr Bassie,

I am a professional with a degree and I would like to migrate to the United Kingdom (UK).

Could you please advise whether I would qualify for a visa to enter the United Kingdom and whether I could apply for permanent status?

Thanks for your assistance.

- E.F.

Dear Ms E.F.,

Thank you for your letter. I have noted that you have not told me what type of degree, professional certificate or skill that you have so I will try to give you general information with respect to your question.

Permanent residency in the UK is known as Indefinite Leave to Remain (ILR). For a person to be eligible for ILR, the applicant must first obtain a temporary visa under one of the following visa classes and, second, spend time in the UK under one of these visa classes. There are three main classes of visas and these are primarily based on skills, family or business and the other is to obtain a work permit. The amount of time the applicant would need to spend in the UK will depend on which class of visa the applicant was successful in obtaining.

For entry into the UK, a visa is granted by the Home Office and, in granting a visa to an applicant, the Home Office requires certain criteria be met and are conditions on which the visa is granted. It should be noted that the processing time for obtaining a visa varies and for the most part depends on the type of visa that is being applied for. However, work permits may be processed within 15 days and Highly Skilled Migrant Programme (HSMP) applications may be obtained within 14 weeks.

When the applicant decides to apply for ILR he/she will need to meet specific criteria. First, the applicant needs to show the Home Office they will continue to meet the requirements on which the Home Office had originally granted the visa.

Second, the applicant will need to show that he/she had not spent more than 90 days per year outside the UK and third, that he/she can pass the 'Life in the UK' test. All applicants are required to take and pass the 'Life in the UK' test.

Residence permit

If the applicant is successful then ILR would be granted and a residence permit will be affixed into the successful applicant's passport, granting the person the right to live and work in the UK.

Although ILR has been conferred on the applicant, it is possible for that person to lose their ILR status if he/she spends in excess of two years at any given time outside of the UK.

I hope this assists you with your plans.

John S. Bassie is a barrister/attorney-at-law who practices law in Jamaica. He is a Supreme Court appointed mediator and a Fellow ofthe Chartered Institute of Arbitrators. Email: lawbassie@yahoo.com.