Foreign nationals who have been resident in the U K for a qualifying period are entitled to apply for Indefinite Leave to Remain (‘ILR’).
Also known as permanent residence or settlement, ILR allows a successful applicant to live and work in the UK freed of ongoing visa restrictions.
The required period of continuous residence in the U K, before an application can be submitted, varies between five years and twenty years depending on the type of visa relied upon allowing current residence.
An ILR application can be made prior to the current permission to remain expiring and whilst the applicant is resident in the UK.
The application can be made twenty eight days before the end of the ‘qualifying period’, which period may vary depending on an individual’s circumstances.
Strict criteria are applied for qualification for ILR, the immigration rules are complicated and it is essential that expert guidance is obtained to ensure that the same are met.
Mandatory Documents Required:
It is essential that the following documents are produced to accompany a valid application and that the following requirements met:
- A current valid passport
- 2 passport size photographs
- Biometric residence permit, if there is one available.
- All passports held during residence in the UK
- Successfully passing a life in UK test, except those aged under 18, over 65 or have medical issues
- A certificate of approved English language test at level B1 CEFR (Common European Framework of Reference for languages) or a degree taught in English
- Evidence of continuous residence in the UK which may include tenancy agreements, letters or statements from, for example, HMRC, local council, doctor, bank, or a utility provider.
- Payment of the current fee
- The Applicant must be of good character – an application can be refused if there exists a criminal record or unspent criminal convictions in the UK or any other country
- No more than nine hundred days can have been spent outside the UK in the five year qualifying period
- No more than one hundred and eighty days has been spent outside of the UK in the twelve months prior to the application.
Residency Period Requirements
After completing five years residency, holders of the following visas may apply for ILR:
- Spouse Visa
- Tier 1 (Entrepreneur) Visa
- Tier 1 (Investor) Visa
- Tier 1 (Exceptional Talent) Visa
- Ancestry Visa
After completing ten years residency in the UK, the following may apply for ILR:
- Students, who must have completed five years in studies and then switched to another visa such as tier 2 (General) visa or UK partner/spouse visa for a further 5 years.
- Those who have followed the ten year continuous residency route on continuous different visas (with no breaks in between valid visas).
In respect of these applications, no more than one hundred and eighty days can have been spent away from the UK in the last year and no more than five hundred and forty days outside the UK during the entire ten years period.
Applicants With Children Under 18
As long as one parent obtains ILR any child/ren under eighteen years of age will be eligible to obtain ILR at the same time provided such child/ren:
- is/are related to the parents
- is/are not married or leading an independent life
- has/have a Sponsor who is able to provide appropriate accommodation and financial maintenance
- does not have a criminal record.
How Can We Help? | Kangs National Immigration Team
With the rising cost of fees payable upon each application, it is imperative that experienced advice is sought before submitting an application to the Home Office for their consideration in order to reduce the risks of such applications being refused and payments being wasted.
All applications must be made correctly on the very detailed forms with full supporting documentation, which may present individual technical difficulties.
Failure to submit a proper application could result in the issue of a Notice of Refusal, leading to an illegal overstay.
Immigration rules are complicated and we are able to help, advise and process applications.
We have a proven track record of successfully advising and guiding clients through the immigration application and appeals process.
Who Can I Contact For Help? | Kangs Immigration Solicitors
Please feel free to contact our Immigration Team through either of the following who will be happy to speak to you and guide you:
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