Success Story: Indefinite Leave to Remain

Our London immigration solicitors successfully guided our client, the Applicant, in relation to her application for indefinite leave to remain (“ILR”) in accordance with the Immigration Rules. The Applicant applied on the basis of her medical circumstances and Article 8 of the European convention of Human Rights.. The Applicant was subsequently successful in achieving ILR and was granted the opportunity to make the United Kingdom her permanent home.

Our highly competent immigration team conducted a detailed assessment and explained the grounds/conditions to obtain an Indefinite leave to remain.  We assisted the Applicant through the entire visa process and also helped the Applicant obtain an expedited decision as a result of our specialist immigration team having prepared detailed legal representations and submitting a well-prepared application allowing the Applicant to obtain an ILR with zero complications.

What is an Indefinite Leave to Remain?

Indefinite leave to remain is also called ‘permanent settlement’. It provides you the right to live, work and study in the United Kingdom for as long as you like, and apply for benefits if you’re eligible. If you are a foreign national and you are granted ILR, you will have permission to live and work in the UK without restriction. You can use these rights to further apply for British citizenship.

What are the most common requirements for ILR?

Most applicants for ILR are required to satisfy the following requirements to apply for Indefinite Leave to Remain (ILR) in the UK:

Residence Requirement

According to the Immigration Rules, you must reside in the UK for a predetermined number of years before you may apply for Indefinite Leave to Remain (ILR). In most visa categories, an application for Indefinite Leave to Remain (ILR) to the Home Office UKVI may only be lodged after the applicant has been living and working in the UK for at least 5 years. An expedited road to settlement is available in some visa categories, allowing the applicant to apply for Indefinite Leave to Remain (ILR) before completing 5 years of residence in the UK. An application for ILR can be submitted 28 days before the end of the ILR qualifying period.

Absences From The UK

Almost all work visa categories require ILR applicants to be present in the UK for no more than 180 days in any 12-month period within the ILR qualifying period. However, the 180-day limit does not apply to ILR applications made by family members of British citizens and settled residents.

Not Falling For Refusal On General Grounds

The applicant’s ILR application should not be denied on general grounds. Part 9 of the Immigration Rules outlines the general grounds for denial. A person who has received a non-custodial sentence or other out-of-court disposal within the past 24 months of the date of application for ILR is subject to denial on general grounds under Immigration Rule 322(1)(C).

Life In The UK Test

Except in a few cases, all ILR candidates must pass the Life in the UK test before applying for Indefinite Leave to Remain (ILR) in the UK. The Life in the UK test is waived for all applicants above the age of 65 and under the age of 18. It may also be possible to request a medical exemption from satisfying this condition.

English Language Proficiency At Level B1

With the exception of a few categories, all ILR applicants must demonstrate English competency and pass a Secure English Language Test (SELT) in at least CEFR level B1 in listening and speaking only before applying for Indefinite Leave to Remain (ILR) in the UK. The English language requirement is waived for the applicants over the age of 65 and under the age of 18. It may also be possible to request a medical exemption from satisfying this condition.

How our Immigration Team can assist you in obtaining an ILR

Our immigration solicitors in London specialise and prepare ILR applications to the highest standard. We have an impeccable track history of submitting successful ILR applications for a range of different clients. The key to submitting successful applications is being aware of the relevant Immigration Rules. We guide Applicants through the requirements and prepare detailed legal submissions in support of their application. In addition to the legal representations, our team of solicitors also provides multiple substantial reviews of the application bundle to ensure that the correct documentary evidence is submitted.

Why instruct our specialist Immigration Solicitors?

Our team of solicitors and barristers represent your interests at all times. On initial consultation, our highly competent team will advise you regarding your immigration status and assist with your application from the very beginning.

We 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. LEXVISA is just minutes away from the Royal Courts of Justice and other central London courts. 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 02030110276 or complete our contact form.

Authored by Tehreem Fatima, Paralegal

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