Our Expert Immigration Team has recently been successful in assisting our client (“the Applicant”) in an appeal to the First Tier Tribunal (“FtT”) after receiving a refusal to grant the Applicant Indefinite Leave to Remain (“ILR”) under the 10-year route. The Applicant is a Thailand national who sought our assistance in obtaining ILR. He came to our firm seeking assistance in making an in-country application after long residence in the UK. His application was initially refused on the grounds of excess absence. We made strong legal representations as well as instructing an experienced immigration Barrister in order to secure a successful appeal.
How Do I Apply For Indefinite Leave To Remain In The UK?
To apply for Indefinite Leave to Remain (ILR) in the UK, you will need to meet certain eligibility criteria and provide certain documents as part of your application. Here is a general overview of the process:
- Check if you are eligible: You will need to have lived in the UK for a certain period of time, typically five years, and have met other requirements such as passing the Life in the UK test and meeting English language requirements.
- Gather the required documents: These may include proof of your identity, proof of your residence in the UK, and any other relevant documents as per your specific case.
- Submit your application: You can apply for ILR online or by post. You will need to pay an application fee and may also need to provide biometric information.
- Wait for a decision: The processing time for ILR applications can vary, so you will need to be patient. You will be notified of the decision by mail.
- Successful applicant: Once your application is approved, you will be granted ILR and can live and work in the UK without any time restrictions.
It is always best to check the official UK government website for the most up-to-date information and requirements, as they may change over time. Alternatively, you may reach out to a specialist Immigration Firm in order to seek advice on whether you are eligible and the requirements needing to be met in order to make an application. At Lexvisa, we can assist you with the application. Read our Success Story here to find out more.
What Is The 180 Day Rule?
The 180-day rule is a guideline established by the UK Home Office which states that when applying for Indefinite Leave to Remain (ILR) in the UK, an applicant is allowed to spend up to 180 days outside of the UK in any 12-month period during the qualifying period for ILR. This rule applies to most categories of applicants who are applying for ILR, such as those on Tier 2 and Tier 5 visas, as well as those on the 10-year long residence route.
However, it is important to note that the 180-day rule is a guideline and the actual number of days you are allowed to spend outside of the UK may vary depending on your individual circumstances. It is always best to check with the Home Office for the most up-to-date information and to seek professional advice if you are unsure.
I Have Excessive Absences, Am I Still Eligible?
Absences can be a factor in the decision to grant Indefinite Leave to Remain (ILR) in the UK, but it depends on the specific circumstances of the case. Excessive absences may be viewed negatively by UK Visas and Immigration (UKVI) and could negatively impact an application for ILR.
However, if an applicant can provide a valid reason for their absences, such as work or family obligations, it may not necessarily disqualify them from being granted ILR. In this success story, the Applicant had excessive absences due to visiting family in Thailand and was forced to stay due to COVID restrictions. This was argued to the Tribunal Judge as a valid reason for absence as the Applicant had no other choice but to stay in Thailand until restrictions eased.
It is best to consult with an immigration lawyer to discuss your specific case and determine if you are eligible to apply for ILR.
I Studied At Boarding School In The UK, Do I Qualify For ILR?
It is possible that you may qualify for ILR if you have studied at a boarding school in the UK since childhood. However, whether or not you qualify for ILR depends on a number of factors, including your specific circumstances, the length of time you have been in the UK, and the type of visa you currently hold.
In general, to qualify for ILR, you must have been legally resident in the UK for a certain period of time, typically five years, and must meet certain other criteria. Additionally, you must not have any immigration or criminal convictions and must pass the Life in the UK test and the English language test at the required level. Contact Lexvisa to obtain specialist advice on whether you qualify on the basis of long residence.
Why Instruct Our Immigration Team?
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 prospects of submitting a spouse visa application before your application even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of a spouse visa application and are able to advise you in respect of your prospects and to ensure that you meet all the requirements of the relevant rules.
Our offices are based in the legal epicenter of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients. We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts.
Preparation is the key to successful immigration applications. 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 visa application.
Contact our London immigration solicitors on 02030110276 or complete our contact form.
Authored by Tehreem Fatima, Paralegal