How can I apply for ILR as a representative of an overseas media organisation?
You can apply for Indefinite Leave to Remain (ILR) as an overseas media representative by completing an online application form.
Can I apply for ILR as an overseas media representative using Super Priority Service?
No, you cannot use Super Priority Service for ILR as an overseas media representative because Super Priority Service is not available for ILR as an overseas media representative. You can only use standard service for ILR as an overseas media representative.
When can I apply for ILR as an overseas media representative?
You can apply for ILR as an overseas media representative 28 days before completing 5 years residence in the UK with leave to remain as an overseas media representative. Your qualifying period can include time from the date your initial application for entry clearance was approved.
What are the eligibility requiremets for ILR as an overseas media representative?
You can apply for ILR as an overseas media representative if you meet the following eligibility criteria:
- You have completed 5 years in the UK with UK visa as an overseas media representative;
- You have met the requirements of an overseas media representative throughout the 5 year period and you should still meet all the requirements - this includes being employed throughout the period, for example by providing P60s for the last 5 years and pay slips for the last 3 months;
- You should provide evidence to show that your employer is still be actively trading and remains centred overseas;
- You have no more than 180 days outside the UK in any 12 months (known as ‘continuous residence’);
- You provide proof that your employer still needs you to do your job;
- You must not be in breach of immigration laws, except that any period of overstaying allowed under the Immigration Rules will be disregarded.
You should also:
Can I re-apply for ILR as an overseas media representative after the refusal of my ILR application?
You can re-apply for ILR as an overseas media representative after the refusal of your ILR application within 14 days of either the refusal of your ILR application or within 14 days of the Administrative Review (AR) decision against the refusal of your ILR application. Our expert team of immigration solicitors can help you prepare and file a fresh application for ILR as an overseas media representative after the refusal of your ILR application.
What is the absences criteria for ILR as an overseas media representative?
You cannot have had more than 180 days’ absences from the United Kingdom during any consecutive 12 month period within the 5 year period. You will need to list details of your absences from the United Kingdom, including the reasons for those absences, on your application form for ILR as an overseas media employee. You can include the time between your entry clearance being granted and you entering the United Kingdom as part of your continuous period. Absences between the date entry clearance is granted and the date you enter the United Kingdom are treated as an absence from the United Kingdom and will form part of the 180 days allowed within a continuous 12-month period. You do not need to provide evidence to demonstrate a period of absence between obtaining entry clearance and entering the United Kingdom.
For ILR application as an overseas media representative made after 11 January 2018, Home Office would consider absences from the UK on a rolling basis, rather than in separate consecutive 12-month periods. If your qualifying period includes leave granted before this date, any absences during that leave will be considered under the previous rules – in separate 12-month periods, ending on the same date as you make your ILR as a sole representative application.
For example, you apply for ILR as an overseas media representative on 30 June 2020. Your continuous period includes the following grants of leave:
- One grant of leave from 1 July 2015 to 28 July 2018 – Any absences during this grant of leave will be considered in separate 12 month periods, ending on 30 June each year.
- One grant of leave from 29 July 2018 to 30 June 2020 – Any absences during this grant of leave will be considered on a rolling basis. Home Office UKVI will not include any absences from the previous grant of leave when they assess this.
Work Related Absences Or Absences In Line With Annual Paid Leave
If any of your absences are in connection with employment or in line with annual paid leave you will need to provide a letter from the relevant employer detailing the purpose and period of absences, including periods of annual paid leave. You will need to provide this information for the full 5 year continuous period.
Absences Due To Serious Or Compelling Reasons
If any of your absences are due to a serious or compelling reasons, you must provide a personal letter which includes full details of the reason(s) for the absences and all relevant supporting documents in relation to those reasons - e.g. medical certificates, birth/death certificates, other information about the reasons which led to the absence from the United Kingdom.
Whatever the reason for absences from the United Kingdom, they will still be counted towards the maximum 180 days unless they fall under a specific exemption. This includes any absences for work reasons, or serious and compelling reasons.
Exemption Where Absences Are Not Considered
Your absences are not considered as part of the maximum 180 days where you have been absent from the United Kingdom assisting with a national or international humanitarian or environmental crisis.
What is the processing time of ILR application as an overseas media representative?
According to the Home Office UKVI website, a decision on your ILR application as an overseas media representative will be made within 6 months.
You’ll be contacted if your ILR application is complex and will take longer, for example:
- if your supporting documents need to be verified
- if you need to attend an interview
- because of your personal circumstances (for example if you have a criminal conviction)
How can I challenge the refusal of my ILR as an overseas media representative?
If your application for ILR as an overseas media representative has been refused by the Home Office, UKVI, you can file an Administrative Review (AR) of the Home Office refusal decision within 14 days of the refusal decision date. The Home Office UKVI will review the refusal decision and decide the Administrative Review (AR) request within 28 days of receiving the Administrative Review (AR) request.
