When do i qualify for indefinite leave to remain




















You can only submit the application after qualifying for indefinite leave to remain on a relevant basis. Refer to the table below for qualifying periods for some of the common visa categories and routes. The requirement of English Language knowledge is waived in cases where applicants are aged 65 or over or are unable to due to physical or mental condition. You are exempt from English Language requirement if you are a national of an English-speaking country.

This includes citizens from one of the following countries. Another important part of fulfilling the knowledge of language and life requires you to pass the Life in the UK test. The test is required under the Nationality, Immigration and Asylum Act and taken in order to test the knowledge of British life and sufficient proficiency in the English language.

Life in the UK is a computer-based test made up of 24 multiple choice questions that test covering topics such as British values, history, traditions and everyday life in the UK.

You will get a Pass Notification Letter or anb email with the code once you successfully pass your test. There are no limitations on the number of times you can take the test and once passed, Life in the UK test never expires. SET M — If you are applying as a spouse, civil partner, same sex or unmarried partner of a person present and settled in the UK.

Most of the ILR applications are now submitted online. You application fees will depend on the form that you will need to submit to make a valid application or ILR. Please refer to the official charges document published and frequently updated by the UKVI for latest fees for all applications related to Immigration and nationality. The documents that you need to submit will vary based on the route that you want to apply under for ILR.

Intra Company Transfer Sponsor Licence. Intra Company Transfer Visa. UK Innovator Visa. UK Start Up Visa. Tier 1 Investor Visa. Tier 1 Investor Visa Extension. Tier 1 Entrepreneur Visa Extension. Ireland Investor Immigration. Civil Penalty. Indefinite Leave to Remain. British Citizenship. Global Talent Visa. Sole Representative Visa. Ancestry Visa. People management. Dispute management. HR Support Services.

Anne Morris. You will also need to submit evidence of your eligibility for ILR: Continuous lawful residence in the UK for the required qualify period Absences from the UK not exceeding days in any 12 months of the qualifying period Evidence you have passed a Life in the UK Test Evidence of your ability to speak English to the required standard Evidence that your application meets the General Grounds for Refusal — for example, addressing if you have any criminal convictions or breaches of your immigration status Calculating your continuous period of residence Evidencing that you meet the residency requirement by calculating your continuous period and absences from the UK is not always straightforward.

To calculate the relevant qualifying period, count backward from whichever of the following is most beneficial to you: the date of application the date of decision any date up to 28 days after the date of application You will need to provide reasons and evidence for all of your absences. Business travel Many people think business related travel does not count towards the permitted days outside the UK when qualifying for Indefinite Leave to Remain.

Knowledge of English language and life in the UK Applying for settled status involves a commitment to respect the laws, values and traditions of the UK. These two parts can be broken down as follows: Knowledge of English language Knowledge of life in the UK If you are not a national of a majority English-speaking country, so as to demonstrate your knowledge of the English language you must either provide evidence of a UK degree that was taught or researched in English, or obtain an approved English speaking and listening qualification.

ILR salary requirement ILR applicants may need to show they meet the relevant minimum income requirement, depending on what type of leave they currently hold. ILR documents Your application will need to be supported by documents that evidence your identity and that you meet the ILR requirements. As a minimum, you will need to provide: Your current, valid passport or other valid travel ID Your biometric residence permit, if you have been issued one All passports that you have held during your time in the UK Additional documents will also be required, depending on your the type of visa you currently have, among other factors.

For example: Proof of accommodation Proof of continuous residence Documents relating to absences during your qualifying period Proof of English language ability Evidence of cohabitating residence if applying from a spouse or partner visa Other official document such as letter from a medical professional, a police registration certificate Life in UK and English language proof If dependants are applying with you, you will need to provide their birth certificates.

Documents not in English or Welsh must be submitted with a certified translation. What are the requirements for ILR?

Can I apply ILR before 28 days? How long is ILR valid for? You will be advised which documents to send in support of your form. You will need to print the form and submit originals of the supporting documentation. The ILR absence rule changes in January also affected points-based visa dependants. Prior to this, PBS visa dependants were excluded from the excessive absence requirement.

Now — if you are making a new application for ILR, ie after 11 January , the day absence rule will apply in the same way as it applies to the main visa applicant. The rules do not apply retrospectively, meaning only absences during periods of visa permission granted after 11 January will count towards the days.

Note however that the absence rules do not apply to children, only to spouses and unmarried partners of PBS visa holders. To make an application for ILR, you will need to complete the relevant form and compile the supporting documents to submit to the Home Office. Most applications for indefinite leave to remain now require applicants to attend an appointment at UKVCAS to submit their biometric information and submit digital copies of supporting documents.

You should also check if you need to pass the Life in the UK test and the English language requirements, and pay the relevant application fee. It will be important to use the correct form for your circumstances or your application is likely to be refused.

Set 0 is used to apply for indefinite leave to remain in the UK in various immigration categories and for a biometric residence permit:. Children over the age of 18 must apply individually and pay a separate fee with their application.

Overseas business representatives A person who is working in the UK to establish a branch of an overseas based company as an overseas business representative. Retired person of independent means A retired person who is lawfully in the UK, financially independent and able to support themselves and any dependants.

Bereaved partner. Your partner must either have been a British Citizen or had indefinite leave to remain and you intend to remain in the UK after their passing. UKVCAS operates standards for application processing, starting from the date the application is received. Applicants applying from within the UK for indefinite leave to remain can expect to wait up to six months for a decision on their application.

Under the super priority service , you can receive a decision by the end of the next working day after your UKVCAS appointment, or within 2 working days if your appointment is on a weekend. For the purposes of processing times, working days are classed as Monday to Friday and do not include bank holidays. Super priority appointments on a weekend are treated as having taken place on the next working day, ie the following Monday, or in the case of a bank holiday, the Tuesday.

If your application has been refused , it will be important to understand the reasons why before deciding on your next steps. For example, if there was an error in completing the form , if you paid an incorrect fee or if you were refused on discretionary grounds.

If you choose to make a new application, ensure your new submission addresses the previous grounds for refusal. While indefinite leave to remain is granted on a permanent and indefinite basis, there are circumstances where the status can be lost or withdrawn.

You will need to make this application before you travel to the UK. If you are travelling to the UK for a reason other than to resettle, you will have to apply for the appropriate visa. ILR may also be revoked if you commit an offence that could lead to you being deported from the UK, or for reasons of national security. Tier 1 investor visa holders can become eligible for fast-tracked settlement where they make qualifying investments in the UK.

Applicants who do not meet the requirements for the accelerated route for indefinite leave to remain can submit an application for further leave at the end of their initial period of leave to enter or remain.

Spouse visa holders become eligible to apply for indefinite leave to remain after two grants of leave as a spouse and where they meet the ILR requirements. If you are UK spouse visa holder, your UK immigration status will be affected if you divorce or your civil partnership is dissolved. You will be under a duty to notify the Home Office of the relationship breakdown and should you wish to remain in the UK, you will need to seek alternative route as you no longer meet the requirements of the spouse visa.

Options could include applying for indefinite leave to remain as the parent of a British child or a child with either ILR or permanent residence, provided you can prove you have parental responsibility for the child, or applying for settlement under the long residence route if you have lived in the UK with lawful status for at least ten years.

You may also consider retained rights of residence where you were married for at least 3 years to an EEA national who exercised their Treaty rights in the UK, and you have spent at least 12 months living in the UK.

Alternatively, if you are a skilled worker and can find an employer to sponsor you, you may be able to apply for the Tier 2 visa. Generally, you can apply 28 days prior to the date you entered the UK, but if you entered the UK within 3 months of your visa being issued, you might be eligible to apply 28 days prior the issue date on the visa. ILR is the primary route to settlement for non-EEAs on points-based visas such as the Tier 2 General visa where there is a 6-year cap and for Tier 1 visa holders to remove the requirement to have to apply for renewals ahead of each visa expiry.

The right of abode and ILR both grant to qualifying individuals the right to live in the UK free from immigration control and restrictions. However, the right of abode applies only to British citizens and qualifying Commonwealth nationals. Indefinite leave to remain is without time limit but can be lost if the holder is out of the UK for more than two years, for reasons of national security or if the holder is being deported following a conviction.

Previous offences and convictions are likely to affect your application, although this does depend upon the type of conviction or offence. If you are successful in being granted ILR, you will be issued a biometric residence permit as evidence of your UK immigration status. If you are applying for a resident return visa after more than two years out of the country, the BRP can be used as proof of your former ILR status.

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