F A Q

HOW DO UISMS MANAGE MY IMMIGRATION STATUS? We manage your immigration status through the information provided by you during your registration process. Once we established what type of Leave you are currently in under the UK Immigration Rules, we shall allocate your status to a category that will enable us to effectively manage your immigration status until you have acquired a British citizenship, more about this is contained in our home page.

HOW DO I DETERMINE WHICH CATEGORY OF LEAVE I AM IN? The two major category of Leave to remain in the UK which are known as Limited and Indefinite (those with indefinite leave to remain can be classified as been settled here while those with limited leave are under restriction under the immigration rules) You can also determine this by using the following UKBA guideline’s extract:-

TERMS EXPLAINED:

Meaning of "settled"

33.1 A person is settled in the United Kingdom if, subject to the exceptions described in 33.3 below, he or she:

                        is not subject under the immigration laws to any restriction on the period for which he or she may remain; and

                        is ordinarily resident in the United Kingdom

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33.2 Unless there is clear evidence to the contrary, a person living here free of immigration restrictions may be assumed to be ordinarily resident in the United Kingdom. This includes holders of certificates of entitlement or patriality showing they have the right of abode in the United Kingdom.

33.3 Persons who are not regarded as "settled" include:

                        those entitled to an exemption from immigration control under s.8 (3) of the Immigration Act 1971 as amended by s.4 of the Immigration Act 1988 (i.e. members of diplomatic missions in the United Kingdom and members of their family living with them), unless they were settled in the United Kingdom before their entitlement to an exemption began and were ordinarily resident in the United Kingdom from the time their entitlement to exemption began to the time of the birth of the child. (NB This exception does not apply if, at the time of the birth, the child's father or mother was a person on whom any immunity from jurisdiction is conferred by or under the Diplomatic Privileges Act 1964)

                        those entitled to an exemption from immigration control under s.8(2) of the Immigration Act 1971 (i.e. consular staff and certain employees of international organizations) unless they were settled in the United Kingdom before their entitlement to an exemption began those entitled to an exemption from immigration control under s.8(4)(b) and (c) of the Immigration Act 1971 (i.e. members of Commonwealth or visiting forces)

                        those here in breach of the immigration laws

- 20 -  those with limited leave under the immigration laws to enter or remain in the United Kingdom

holders of certificates of entitlement or patriality resident abroad persons whose right to remain under the EC Treaty is time-limited or conditional on their being engaged in a particular activity etc

33.4 A person is settled in a British overseas territory if, subject to the exceptions described in 33.6 below, he or she is:

 not subject, under the immigration laws of that territory, to any restriction on the period for which he or she may remain; and  ordinarily resident in that territory

33.5 Unless there is clear evidence to the contrary, a person living in a British overseas territory free of immigration restrictions may be assumed to be ordinarily resident in there.

33.6 Persons who are not regarded as 'settled' include those who are entitled to an exemption corresponding to any of the following:

Exemption from immigration control under s.8(3) of the Immigration Act 1971, as amended by s.4 of the Immigration Act 1988 (i.e. members of diplomatic missions in the United Kingdom and members of their family living with them)

 Exemption from immigration control under s.8(2) of the Immigration Act 1971 (i.e. consular staff and certain employees of international organizations)

- 21 -  Exemption from immigration control under s.8(4)(b) and (c) of the Immigration Act 1971 (i.e. members of Commonwealth or visiting forces)

33.7 There may also be other categories of persons who are not regarded as settled in a British overseas territory. This will depend upon the local immigration laws. The authorities of the relevant territory should be consulted in cases of doubt.

HOW WILL UISMS HANDLE MY PRIVATE INFORMATION? We are independent immigration law practice organization in the UK and we are not by anyway connected with the UK Government; we owe you duty confidentiality and our aim is to promote your interest. See our Privacy Policy here for more information