Leave as a Parent. EU Nationals and Brexit. Visitor Visa. Partner Visas. Spouse Visas. Unmarried Partner Visas. Fiance Visas. Civil Partner visas. Marriage Visit Visas. Ancestry Visa Dependants. Work Visas. Skilled Worker Visa. Intra-Company Transfers. Tier 1 Visa Investor. Graduate Route. Work Permits for Sportspeople. Youth Mobility Scheme. In contrast, ILR holders will be free from immigration restrictions, and will broadly have the same rights and entitlements to services and welfare benefits as a UK citizen.
Furthermore, having held indefinite leave to remain for an additional qualifying period, an applicant with settled status may be eligible to apply for British citizenship by way of naturalisation. There are several different categories of leave to remain depending on your eligibility and why you want to come to or stay in the UK. The main immigration routes for individuals wanting to work, train or study in the UK are under the points-based system and include:.
Other categories of leave to remain may also be available to you depending on your circumstances, such as applying as a points-based dependant visa or a family, partner or spouse visa. To be eligible to apply for limited leave to remain, you must meet the full requirements under the Immigration Rules and those required for the visa you are applying for. For points-based visas, this will mean accruing the minimum number of points determined by your particular visa category.
For example, you will be required to satisfy both an English language and maintenance requirement:. To be eligible for indefinite leave to remain, applicants must have resided in the UK for a qualifying period of time. In most cases, applicants will also be required to demonstrate their knowledge of English language and life in the UK.
If you are applying for further leave to remain you should do so prior to expiry of your existing permission to stay. It is also an offence to fail to comply with a condition or requirement imposed as part of your permission to be in the UK. By staying beyond the expiry of your visa, or otherwise breaching your leave to remain conditions, you will be at risk of removal from the UK, refusal of further leave or even criminal prosecution.
Both these types of offences are punishable by way of a fine or a term of imprisonment. If, on the other hand, you submit a valid application prior to the expiry of your existing leave, the terms and conditions of that leave will continue until a decision is made on your application for further leave to remain.
How you submit your application for leave to remain will depend on whether you are applying from outside or within the UK. In most cases, you will submit your application online.
The purpose of a leave to remain interview is for the Home Office to request further information, verify facts or documentation and check that you meet all of the visa requirements.
For some visa categories, fast tracked processing is available for an additional charge. The visa processing times for leave to remain applications can vary dramatically and guidance should be sought at the time of making your application for your specific visa category. There are a number of practical considerations when applying for leave to remain, from how much the visa application fee is and which supporting documents you will need to provide, to what questions you may be asked during interview.
When applying for leave to remain, reference should always be made to any specific Home Office guidance relevant to your visa category, in conjunction with the relevant provisions of the Immigration Rules. However, these provisions are subject to constant change and expert legal advice from an immigration specialist may be required.
Another way to qualify for ILR is through the long residence route. If you have at least 10 years of continuous, lawful residence, you may be eligible to settle. In addition to being able to prove 10 years of unbroken status in the UK, you will also need to show you meet the English language and life in the UK test, and that there are no general grounds to refuse your application, such as a criminal record or a breach of the Immigration Rules.
DavidsonMorris are specialists in UK immigration , working closely with individuals to provide guidance and support through Home Office applications including all types of leave to remain and Indefinite Leave to Remain applications.
Contact us for specialist advice. When you are first granted a visa, this will come with permission to enter the UK for a specified period of time. You will have to leave the UK before this visa expiry, unless you apply for further leave to remain. After a qualifying period in the UK with lawful status, you may become eligible for indefinite leave to remain. Leave to remain means you have permission to stay in the UK for a specific period of time and your activities are limited to the restrictions of your visa.
Indefinite leave to remain is where you have permanent lawful status in the UK as a settled person, and you are no longer subject to immigration control. Depending on your visa category, you may be able to apply for further leave to remain by extending your visa or switching to a different visa category. If you have been in the UK for five years, or the relevant qualifying period under your visa, you may be eligible to apply for indefinite leave to remain.
By submitting, you agree to our Privacy Policy. If your absences are over days in 10 years, the Home Office can exercise discretion in the following circumstances:. For excess absences for 10 year ILR application, Home Office in addition to the above will always consider whether the individual returned to the UK within a reasonable time once they were able to do so.
Where an applicant has insufficient records of absences from the UK, subject access request can be submitted to the Home Office. This may prove useful if one of the passports is missing or the applicant is struggling to prepare a complete list of absences.
Our immigration lawyers are able to assist with submitting SAR request for 10 year ILR application and reviewing the data received from the Home Office. You should make an application for ILR before the expiry of your current leave to remain. You cannot apply more than 28 days before completing the qualifying period of continuous 10 years. You will also lose the fees and will have to make a new application.
In general, you must submit the following documents for a valid ILR application on the basis of 10 years. There can be several other documents that you might need to provide depending on your immigration status. This time can vary depending on your application circumstances.
It is possible to expedite the decision on your ILR 10 years application using a super-priority service.
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