We received some marvellous news this afternoon that our client (the Applicant’s) Indefinite Leave to Remain application was successful. The Applicant had chosen to use a premium visa service appointment ensuring she received a decision on the same day. This was the third occasion we assisted the Applicant with a UK Visa and Immigration application. We initially assisted the Applicant with a Spouse visa and Further Leave to Remain as a Spouse application. In our initial consultation with the Applicant and her partner, we took new instructions regarding their relationship and advised the couple of an Indefinite Leave to Remain application in accordance with the relevant Immigration Rules and Policy Guidance. Our solicitors prepared a perfect Indefinite Leave to Remain application ensuring it was successful with no issues.
The case for an Indefinite Leave to Remain application
The Applicant was an American national residing in the UK on a Spouse visa. The Applicant’s first visa in the UK was a Tier 1 Entrepreneur visa. Shortly after arriving in the UK she married her partner and switched into a Spouse visa. The Applicant and Sponsor had been in a relationship for over 10 years and have been married for the past 5 years. The couple also have two British children. As the Applicant had acquired 5 years of leave on the Spouse category she was now eligible to submit an Indefinite Leave to Remain application. The Applicant applied for Indefinite Leave to Remain on the basis of her marriage with a British national. This is a popular visa category in which our immigration team specialise in. In our initial consultation, the couple had informed us that they wished to use a premium visa service appointment to submit the Applicant’s application as they had travel plans and needed their passports to be returned to them.
Submitting a successful Indefinite Leave to Remain application
Applying for Indefinite Leave to Remain can be a strenuous process especially when it comes to meeting the requirements under the Immigration Rules. The Immigration Rules are complex and were not designed for the layperson. The relevant rules for an Indefinite Leave to Remain as a Spouse can be found under paragraph 287 of the Immigration Rules. In addition to paragraph 287 Applicants must be familiar with Appendix FM and Appendix FM SE of the Immigration Rules. To submit a successful Indefinite Leave to Remain as a Spouse application you must meet the following requirements:
- You must have acquired 5 years of leave under the Spouse visa route;
- You must be able to demonstrate that your marriage is genuine and subsisting;
- You must meet the financial requirement of £18,600 and show that you can be accommodated in the UK without recourse to public funds;
- You must meet the English language and the life in the UK test requirement.
Whilst Applicants are free to travel outside the United Kingdom on their Spouse leave it should be noted that they should not have excessive absences from the United Kingdom. There are some exceptions to the absences requirement and in some circumstances, representations can be prepared and submitted to the Home Office to explain the mitigating circumstances behind excessive absences from the United Kingdom. Ultimately, the caseworkers have discretion available to them whereby they can choose to grant an application where they believe there were valid reasons for the absences.
One of the key requirements for an Indefinite Leave to Remain application is showing that you meet the English language requirement and more importantly you have sufficient knowledge about life in the UK. These requirements apply to everyone aged from 18 to 64. In order to meet the English language requirement Applicants are required to pass an English speaking and listening qualification at a minimum level of B1 CEFR or higher. Applicants must also sit and pass a Life in the UK test. The purpose of the life in the UK is for Applicants to show they are accustomed to and have integrated to life in the United Kingdom. It is important for Applicants to book this test in advance of the expiry of their visa as there are limited time slots available at the test centres.
Applying for British Citizenship following a successful Indefinite Leave to Remain application
The advantage of holding Indefinite Leave to Remain is that Applicants will no longer be subject to immigration control and there is no time restriction on how long they can reside in the UK. Further Applicants can also benefit from the public benefits and services such as medical care (NHS) and income support. Applicants who have acquired Indefinite Leave to Remain can apply for British citizenship after 12 months from the date of their Indefinite Leave to Remain. For example, if you were granted Indefinite Leave to Remain on 8 August 2018 you may be eligible to apply for British citizenship on 8 August 2019. Applicants who have acquired Indefinite Leave to Remain must be cautious of the conditions of their leave. It is not uncommon for the Home Office to revoke Indefinite Leave to Remain where an Applicant’s circumstances change.
How we can assist in submitting a successful Indefinite Leave to Remain visa application
Our solicitors successfully guided the Applicant through the Indefinite Leave to Remain application process and prepared outstanding legal representations/submissions which focused on how the Applicant met the requirements listed under the Immigration Rules. In particular, our solicitors focussed on the Applicant’s ties and connections to the UK. Our solicitors had to work closely with the Applicant and Sponsor to ensure they were able to collate all the mandatory documents required for the Applicant’s application. It was essential that a properly executed application that met all the requirements was submitted as the Applicant had made travel plans to attend her mother’s surprise 70th birthday party. In addition to the legal representations, our team of solicitors also provided multiple substantial reviews of her documents to ensure that the Applicant submits the correct documentary evidence in the correct format, which meets the Home Office’s requirements. We also prepared and assisted the Applicant with booking a premium visa service appointment and the application form.
Using Legal Representation to Prepare an Indefinite Leave to Remain visa application
Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to submit an Indefinite Leave to Remain application.
Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your Indefinite Leave to Remain application succeeds, all necessary documents must be provided.
This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your Indefinite Leave to Remain application meets the Immigration Rules.
Successful Indefinite Leave to Remain visa application
Our team of solicitors and barristers are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of Indefinite Leave to Remain application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of your Indefinite Leave to Remain application and ensure that you meet all the requirements of the relevant rules.
We are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients. LEXVISA is just minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts.
Preparation is the key to a successful application. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation to discuss your Indefinite Leave to Remain application.
Contact our London immigration solicitors on 02071830570 or complete our contact form.