MHoC Bill Archive

B1234 Student Right to Residence Bill

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**A** **BILL** **TO** *Include the time a student resides in the UK on a Tier 4 visa towards the 5 year period to qualify for Indefinite Leave to Remain* **Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords, and Commons, in this present Parliament assembled, and by the authority of the same, as follows.** **Section 1. Definitions** (1) Indefinite Leave to Remain (ILR) is having the status of permanent right to abode within the United Kingdom as set out in the [Immgiration Act 1971](https://www.legislation.gov.uk/ukpga/1971/77) and subsequent immigration rules. (2) A Tier 4 migrant means a migrant who has been granted leave under “Tier 4” paragraphs of the immigration rules. (3) The “required time period” shall mean the number of years someone must remain within the UK for them to be granted Indefinite Leave to Remain. **Section 2: Inclusion** (1) The time a person resides in the United Kingdom as a Tier 4 migrant is to be allowed to be counted towards the period a person must reside in the United Kingdom to qualify for Indefinite Leave to Remain. (2) 50% of the time a Tier 4 migrant resides in the United Kingdom up to a maximum of two years is to be counted towards the required time period. (3) This time is included as long as the regular conditions are not breached including: (a) up to 6 months outside the UK each year (b) one gap of up to 12 months outside the UK for the following reasons - pregnancy or childbirth, serious illness or time spent working or studying abroad (as part of a study abroad programme), or other extenuating circumstances within reason (c) the Tier 4 visa is valid the whole time **Section 3: Miscellaneous** (1) The provisions of this Act shall override any conflicting Immigration Rules made under Section 3(2) of the [Immigration Act 1971](https://www.legislation.gov.uk/ukpga/1971/77). (2) The Secretary of State should, within one month of the passage of this Act, lay before Parliament a Statement under Section 3(2) of the aforementioned Act removing any conflicting provisions and bringing them up to date with the provisions in this Act. **Section 4: Commencement, Extent and Short Title** (1) This act shall extend to the entirety of the United Kingdom (2) This Act may be cited as the Student Right to Residence Act 2021. (3) This Act shall come into force immediately at Royal Assent.