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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 to apply 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.

Requirements to apply for Indefinite Leave to Remain under the PBS Category

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 can initially advise you about the strength of your ILR application. If there are likely to be any difficult issues we will advise you on these.

We can advise you about submitting the right documents so that you have the best possible application. 

It is our job to complete your application forms and also submit the application. This also includes advice on the Biometrics appointment. 

Our aim is to submit your application smoothly and in addition provide up to date information at all times. This way you do not need to keep up to date with the UKVI changes.

We remain available during and after the submission of your application and until a decision comes through.

A legal representation letter is vital and will support your application.

We will work hard and diligently and advise you fully on your application. This ensures you have the best chance of success.

Contact us now to apply for ILR

Why not give us a call to discover that we are the best Indefinite Leave to Remain Immigration Lawyers in London, and Harrow. We work with clients from all over the UK, so if you are not in London or Harrow do not worry, we can assist you wherever you are. We provide the best immigration advice in London at OISC Level 3 for an ILR application to clients from all over the UK, including, Harrow, Wembley, Ealing, Birmingham, Oxford, Slough, High Wycombe, Milton Keynes, Bristol and even Scotland.

Our clients come from all over the world including 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.

We have experienced Immigration Lawyers in London, and we also have Immigration Lawyers in Harrow, so you have access to the best Immigration Advice in London.

You can call and speak to our Immigration Lawyers in London on 0207 993 6981 , they are ready to take your call.

You can also call our Immigration Lawyers in Harrow on +44 208 150 6709

Call now and speak to us and discover for yourself that we are the right Immigration Lawyers in London, or Harrow, for you. Alternatively, you can Email us on info@gsnimmigration.co.uk 

 

Frequently Asked Questions

What is Indefinite Leave to Remain (ILR)

Indefinite Leave to Remain allows the holder to stay in the UK permanently.

When can I apply for Indefinite Leave to Remain?

You can apply for Indefinite Leave to Remain (ILR) usually after living in the UK for 5 years but depending on the route you might qualify for ILR within 3 years or 10 years of residence in the UK.

What requirements do I have to meet to apply for Indefinite Leave to Remain?

You will need evidence that you have been living lawfully in the UK, hold a B1 English language certificate & have passed Life in the UK test. There are other requirements to meet also such as your absence from the UK should not exceed the maximum number of days allowed.

How to apply for Indefinite Leave to Remain?

You can apply online for your ILR application and can provide your documents to the Home Office online too. You will need to attend a visa centre to provide your biometrics.

What is the fee for Indefinite Leave to Remain?

Home Office charges a fee of £2389 per applicant and you will also need to pay £19.20 to provide your biometrics to the Home Office. These fees are regularly updated by the Home Office.

What is the difference between limited leave to remain and Indefinite Leave to Remain?

Limited leave to remain allows you to stay in the UK for a specific period of time and upon expiry you have to either extend your visa or return to your home country. Indefinite Leave to Remain allows you to stay in the UK permanently.

How much absence is allowed for my Indefinite Leave to Remain application to be successful?

You should not be absent from the UK for more than 180 days in the last 12 months during your qualifying period for ILR application.

How can I book Life in the UK Test and can I resit the exam if I fail the first time?

You can book the Life in the UK test from the GOV website and yes you can resit the exams as many times as many you need to there is no limit on how many times you can sit for the exam.

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What is the processing time frame for my Indefinite Leave to Remain application?

The published times for ILR processing is 6 months by the Home Office. However, most of our clients receive their ILR grant decision within 3 months of submission.

What is the difference between Indefinite Leave to Remain and Citizenship?

ILR allows the holder permanent stay in the UK, whereas obtaining British Citizenship makes the holder British Citizen which has more advantages than the ILR.

Can I lose my Indefinite Leave to Remain status?

Yes, you can if you are absent from the UK for 2 or more years continuously. However, if you manage to enter the UK even for a day during these 2 years you will not lose your ILR status.

 

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