After you have lived legally in the UK for a certain length of time, you may be able to apply for permission to settle here. This is known as indefinite leave to remain (ILR).
If you are currently in the UK, your right to apply for settlement will depend on your current immigration category. You should read the relevant immigration rules or consult a qualified immigration lawyer before making your application to find out whether and when you can currently apply for settlement.
If you are considering applying for settlement in the future, please note that the Immigration Rules are subject to change. You must meet all the requirements of the Immigration Rules at the time when you make your application.
Applying for Indefinite Leave to Remain as a Husband/ Wife / Civil Partner of a British Citizen or a Settled Person
You can apply for settlement as a husband, wife or civil partner if:
* You have completed a period of 2 years in the UK, with a visa or permission to remain here in this category;
* You are still the husband, wife or civil partner of the person specified in your visa or permission to remain;
* The marriage or civil partnership is existing and genuine (not a ‘marriage of convenience’, for example);
* You and your partner both intend to live together permanently as husband and wife or civil partners;
* You have adequate accommodation where both of you and any dependants can live without needing public funds, and at least part of that accommodation (for example, a bedroom) is for your and your partner’s sole use;
* Both of you can support yourselves and any dependants without needing public funds;
* You do not have any unspent convictions within the meaning of the Rehabilitation of Offenders Act 1974; and
* You have enough knowledge of the English language and life in the UK. (You do not need to meet this last requirement if you are aged 65 or over.)
Applying for Indefinite Leave to Remain on the basis of completing Long Residence in the UK
The rules on long residence recognise the ties a person may form with the UK over a lengthy period of residence here.
Settlement can be granted under paragraphs 276A-276D of the Immigration Rules after a period of:
* 10 years continuous lawful residence, or
* 14 years continuous residence of any legality.
The applicant must have:
o 10 years continuous lawful residence, or
o 14 years continuous residence of any legality excluding any period spent in the UK following service of notice of liability to removal or notice of a decision to remove by way of directions under paragraphs 8 to 10A, or 12 to 14, of Schedule 2 to the Immigration Act 1971 or section 10 of the Immigration and Asylum Act 1999 Act, or of a notice of intention to deport them from the UK.
There are no reasons why it would be against the public interest to grant leave, taking into account the applicant’s:
o strength of connections to the UK
o personal history, including character, conduct, associations and employment record
o domestic circumstances
o compassionate circumstances
o any representations received on the person’s behalf
The applicant must meet the knowledge of language and life requirement.
The applicant must not have one or more unspent convictions within the meaning of the Rehabilitation of Offenders Act 1974.
There are other categories of visas which makes you eligible to apply for Indefinite Leave to Remain (ILR) such as:
Completing 5 years continuous residence on UK Ancestry visa;
Completing 5 Years continuous residence on an eligible work visa category;
Applicants completing qualifying time on visas issued outside immigration rules.
Applications for indefinite leave to remain requires a lot of attention and a small mistake on the application form or the paperwork can lead your application being refused by the UKBA.
You can use our application checking service before making sending your application to make sure that your documents and application are all in order to be submitted to the UKBA.
We also offer same day service and full representation service to the UKBA for applications made with in or outside the immigration rules.
Please contact us on on of our numbers below for further information.
Phone: 0203 137 8699,
Fax: 0203 137 0781,
Mobile: 07958 684024