Our immigration solicitors in London successfully guided the Applicant in obtaining indefinite leave to remain in the UK. The Applicant applied for settlement on the basis of her long residence (10-year route). The Applicant was a returning client who we had initially assisted with a Tier 1 Entrepreneur appeal and a subsequent spouse visa application. In our initial meeting, we conducted a case assessment which helped us identify how the Applicant met the Immigration Rules for indefinite leave to remain. The Applicant paid an extra fee (£810) to use the 24 super priority visa service and received a decision on her application the following working day after providing their biometric information. Our specialist immigration team specialises in all UK immigration applications and the team has a high success rate to show for their expertise.
Background to indefinite leave to remain application
The Applicant was an Indian national who had built up 10 years of lawful residence in the UK. The Applicant first entered the UK on a Tier 4 Student visa and then returned to her home country (for a short period less than 6 months). The Applicant returned on a Tier 1 Post-study visa. Following this, the Applicant applied for a Tier 1 Entrepreneur application (with her previous legal representative) which was unfortunately refused. We assisted the Applicant with the appeal but her appeal was also refused as her previous legal representative had misguided her through the application process and she had not submitted the required documents. The First-Tier Tribunal Judge had directed the Applicant to submit a fresh application. Therefore, we assisted the Applicant with a fresh Tier 1 Entrepreneur application and her application was granted. The Applicant then applied to switch into a spouse visa totalling her total lawful visa period to 10 years. Our immigration solicitors in London prepared a successful application by preparing comprehensive legal representations and by working with the Applicant in gathering the necessary documentary evidence in support of her application.
What are the requirements for indefinite leave to remain?
Indefinite leave to remain applications are made under Paragraph 276A of the Immigration Rules. Applicants must also be aware of the Home Office policy guidance which provides further information on how the requirements can be met. The policy guidance also provides information on areas not covered by the Immigration rules such as how to meet each requirement. We have summarised the key requirements for indefinite leave to remain below:
- Applicants must meet the suitability requirement and be of good character;
- Applicants must meet the continuous lawful and residence requirement;
- Applicants must meet the English language requirement in accordance with Appendix KoLL; and
- Applicants must meet the Life in the UK Test.
The Home Office will also consider an Applicant’s age, personal history, domestic circumstances and compassionate circumstances when making a decision. Applicants may also rely on Article 8 of the European Convention of Human Rights.
What is the continuous residence requirement in indefinite leave to remain applications?
Applicants are required to demonstrate that they have continuously resided in the UK for 10 years with valid visas. Continuous residence is considered to be broken if an Applicant has been absent from the UK for a period of more than 6 months at any one time or spent a total of 18 months outside the UK throughout the whole 10 year period. Continuous residence is not considered broken if an Applicant is absent from the UK for 6 months or less at any one time. If you do not meet the continuous residence requirement it still may be possible for your Indefinite Leave to Remain (Long Residence) application to be successful. The Home Office does provide some flexibility and can use its discretion where there are serious or compelling reasons for having excessive absences. There is no fixed definition given to what constitutes as serious or compelling but the Home Office guidance makes specific reference to the following:
- Serious illness of the Applicant or close relatives such as parent or sibling;
- Natural disasters such as earthquakes and tsunamis;
- Time spent overseas as a member of HM Armed Forces;
- Other exceptional/compelling factors. As mentioned above there is no strict definition given to what constitutes a serious or compelling reason.
If you are able to show that there were migrating reasons for your absence and the correct documentary evidence is available you may still submit a successful application despite not meeting the residency requirement.
How our immigration solicitors can help with indefinite leave to remain?
Our immigration solicitors in London specialise in indefinite leave to remain applications and prepare applications to the highest standard. We have an impeccable track history of submitting successful applications, especially where there are complexities. The key to submitting successful applications is being aware of the relevant Immigration Rules and more importantly the latest case law. Our immigration solicitors in London guided the Applicant through the requirements and prepared detailed legal submissions. In addition to the legal representations, our team of solicitors also provided multiple substantial reviews of the Applicant’s documents to ensure that she submitted the correct documentary evidence. We also prepared and assisted the Applicant with booking a premium visa service appointment and the application form.
Using our immigration solicitors in London to submit an Indefinite Leave to Remain 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 an indefinite leave to remain application succeeds, all necessary documents must be provided. Our immigration solicitors in London are able to assist you throughout the entire visa process.
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; our immigration solicitors in London can help ensure that your spouse extension application meets the Immigration Rules.
Successful Indefinite Leave to Remain application with our immigration solicitors in London
Our team of solicitors and barristers are specialist immigration lawyers who act in your best interest. Our immigration solicitors in London 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 your application before your matter even reaches the Home Office UK Visa & Immigration department. Our immigration solicitors in London can assist you with the preparation and submission of your settlement 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 indefinite leave to remain 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.
Contact our London immigration solicitors on 02071830570 or complete our contact form.