Our Specialist Immigration Solicitors have recently been successful in securing indefinite leave to remain (“ILR”) for our client (“the Applicant”). The Applicant wished to apply for ILR after residing in the United Kingdom for a ten-year period. The Applicant instructed our firm to assist him in this application. The Applicant’s circumstances were unique and complicated especially as the Applicant’s initial application for Leave to Remain was rejected on the basis of deception. However, even with this on the Applicant’s record, our Specialist Immigration Solicitors were successful in securing ILR for him with ease.

With reference to the Applicant’s application for Indefinite Leave to Remain, our solicitors outlined and emphasised that the Applicant had met the eligibility criteria and that pursuant to Article 8 of the European Convention of Human Rights, the application should be granted. We made strong legal representations in order to secure a successful application.

Our team worked diligently to ensure all necessary documentation was completed accurately and efficiently, leaving no room for errors or delays. Our commitment to providing personalised and comprehensive immigration services, coupled with our in-depth knowledge of UK immigration law, allows us to deliver outstanding results for our clients.

What Is Indefinite Leave to Remain?

ILR grants a person the right to live, work and study in the United Kingdom for an unlimited time period. It is also known as settlement. You can usually get a decision on your application within 6 months if you apply using the standard service. You may be able to get a decision on your application faster if you use the priority service.

Indefinite Leave to Remain based on long residence

If you are within the age range of 18-65, you must first pass a test known as the “Life in the UK” Test. Further requirement are:

• Your knowledge of English Language;
• Continuous residence: this is satisfied if you have not left the United Kingdom for 180 days at a time and for a total of 540 days under the 10-year route.

Alternative Routes to Indefinite Leave to Remain

If you work in the United Kingdom: If you are on a Skilled Worker visa/ previously known as a Tier 2 work visa, you must have lived and worked in the United Kingdom for 5 years. If you are on a Tier 1 visa you must have lived and worked in the United Kingdom for 2 or 3 years. If you are on an Innovator or Global Talent visa you must have lived and worked in the United Kingdom for 3 years.

If you have family in the United Kingdom: You must have a family member in the United Kingdom who is a British Citizen or has Indefinite Leave to Remain. Depending on your circumstances, you may then be able to apply as a partner, a child, or an adult dependant.

If you are a commonwealth citizen: You may apply if you have been living in the United Kingdom for 5 years on an Ancestry Visa.

If you have lived in the United Kingdom for 10 years: This is also known as long residence. You must have Leave to Remain and you must have continuous residence, i.e. you must have been legally living in the United Kingdom for 10 years.

Under the 5-year routes, continuous residence is 180 days, as opposed to 540 days under the 10-year route. There are also other ways you may be able to apply for Indefinite Leave to Remain, depending on your circumstances. Contact LEXVISA to obtain legal advice for your personal circumstances.

What If I Have Excessive Absences?

Excessive Absences play an important part in the final decision of granting Indefinite Leave to Remain and excessive absences can have a negative impact on your application. However, you are able to provide a valid reason for these absences such as compelling and compassionate personal circumstances, the application may still be granted.

It is best to consult with an immigration lawyer to discuss your specific case and determine if you are eligible to apply for Indefinite Leave to Remain.

What If I Have Have Overstayed My Current Visa?

Overstaying means remaining in the United Kingdom after a person’s visa or leave has expired.

You may only apply for ILR / extend your stay before your valid leave expires. If you submitted a new visa application before your current one expired, you can remain in the UK while waiting for a decision. This is called Section 3C leave which allows for you to stay in the UK whilst awaiting a decision on your visa application without being deemed an overstayer.

Contact LEXVISA to discuss certain exemptions to overstaying that can be considered and, therefore, depending on your circumstances, you may still be eligible to apply.

Can I Apply For British Citizenship After Obtaining Indefinite Leave to Remain?

Obtaining Indefinite Leave to Remain could enable you to apply for a British Citizenship.

You may apply for British citizenship by naturalisation if you have lived in the UK for 5 years and have had either one of the following for at least 12 months:

• Indefinite Leave to Remain in the UK
• Settled status
• Indefinite Leave to Enter the UK

Therefore, if you have been living in the UK for five years or more and have had Indefinite Leave to Remain for at least 12 months, you may be eligible to apply for British citizenship. However, if you are married to a British citizen, you do not need to wait 12 months and can apply for British citizenship as soon as you have been granted Indefinite Leave to Remain.

Further Eligibility

To apply for British citizenship you must prove:

• you are over 18
• you have been in the UK exactly 5 years before the day the Home Office receives your application
• you know English, Welsh or Scottish Gaelic
• you have passed the “Life in the UK” test
• you intend to continue living in the UK
• you are of good character.

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 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.  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.