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Indefinite Leave To Remain

Settlement under the UK Immigration Rules

Apply for Indefinite Leave to Remain in the UK

Indefinite Leave to Remain is the term for permanent residence or settlement in the UK. It can be achieved through various routes depending on which visa you have held over the last 5 or 10 years and in some cases 2 years. Once you have Indefinite Leave to Remain (ILR) you can stay in the UK without any time restrictions.

Visa categories that can lead to Indefinite Leave to Remain include:

  • Spouse visa / Unmarried partner visa / Same Sex / Civil Partner visa (after 2 years for visas issued prior to 9 July 2012)
  • Child or Parent or Adult Dependent Relative Visa 
  • Tier 1 Investor or Innovator Visas and Tier 2 UK work permit visas (after 5 years)
  • UK ancestry visa (after 5 years)
  • EU nationals and dependents (after 5 years)
  • Long residence (after 10 years of legal residency in the UK)

Your ILR – settled status – will become invalid if you are absent from the UK for more than 2 years. If your ILR becomes invalid, you may be able to apply for a  Returning Resident Visa in order to return to the UK. Achieving indefinite leave to remain status is essential to qualifying for a British Citizenship through Naturalisation or Registration and ultimately obtaining a British Passport.

Your family members can also apply for ILR if they are your dependents under the Tier 1 or Tier 2 Categories and they will need to meet the requirements in their own right too.

And settlement can in some cases be acquired by migrants who do not hold legal immigration status, but this is necessarily a long process. Such a migrant who manages to acquire limited immigration leave will have to wait for ten more years before they can eventually apply for settlement. 

Requirements for Indefinite Leave to Remain

Certain requirements for Indefinite Leave to Remain are common to all routes, unless an exemption applies, such as:

  • Pass the Life in the UK Test,
  • Pass an English Test at minimum of B1 Level 

Applying for indefinite leave to remain as a Spouse, Civil Partner or Unmarried Partner, you will need to have completed 5 years (60 months) in the UK as the partner of a British citizen or settled person. You will also need to satisfy the strict financial requirements under Appendix FM of the Immigration Rules.

If applying for indefinite leave to enter or remain as an Adult Dependent Relative or Child, you will need to demonstrate that you will be adequately maintained, accommodated and cared for without recourse to public funds. There is no English language requirement and it is not necessary to pass the Life in the UK test.

Each of the family related settlement categories also have their own additional eligibility criteria, which we will be able to guide you on fully.

Work related and Investment related settlement routes include the Tier 1 Innovator, Tier 1 Investor Visa,and Tier 2 General Skilled Worker and the Sole Representative of an Overseas Business Visa and the UK Ancestry Visa.

To apply under these categories remain you will need to satisfy UK Visas and Immigration that:

  • You have spent a continuous period of 5 years lawfully in the UK in a permitted category;
  • You have not been absent from the UK for more than 180 days in any rolling 12 calendar month periods preceding the date of application

Each of the work and investment related settlement categories also have their own additional eligibility criteria, which we will guide you on in detail.

You can also apply for ILR if you have had 10 years of lawful residence in the UK.

What we can do for you for a successful ILR Application

We will provide a Person Specific Document Checklist so that you can gather the required documents according to your circumstances so that you have the best chance of success for your Indefinite Leave to Remain application.

We are able to explain and guide you on how to meet each of the specific requirements for ILR. 

We will complete your application forms and advise how the application is submitted and where and when the Biometrics will take place. We will also provide a Letter of Representation to accompany your application explaining your case to the Home Office and dealing with all the correspondence involved.

We will continue to make ourselves available during and after the submission of your application until a decision is made.

We will work hard to advise you so that you have the best chance of success.

Why not give us a call and discover that we are the best Immigration lawyers in London to handle your Indefinite Leave to Remain (ILR) application. We work with clients from all over the UK, so if you are not in London, do not worry, we can assist you wherever you are in the UK. We have helped clients for ILR who are from Russia, Saudi Arabia, UAE, India, Pakistan, Bangladesh, Ghana, Tanzania, Morocco, Iran, Egypt, USA, Canada, Italy, Nigeria, Brazil, Columbia, Sri Lanka, Iraq, Vietnam, China to name a few.

Please contact us on info@gsnimmigration.co.uk or call us for an initial chat and discover we are the right firm for your immigration matter and speak to an experienced Immigration Lawyer/ Adviser to bring your matter to a successful conclusion.

Do You Need Immigration Advice & Want A Successful Outcome?

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