Indefinite leave to remain - Ten Years Long Residence / Private Route

If you have been residing in the UK lawfully and continuously for ten years or more, you can apply for Indefinite leave to remain, provided you meet the other relevant criteria.  This includes:

• been in the UK legally for 10 years (known as your ‘continuous residence’)
• kept to the terms of your UK Visa
  • there is no evidence to suggest that granting Indefinite leave to remain would contravene the public good.  immigration officials will take into account the applicant’s age, ties to the UK, domestic living arrangements and compassionate circumstances
  • you do not have any unspent convictions as defined in the Rehabilitation of Offenders Act 1974

If you’re aged 18 to 65 years old, you must also:

• pass the Life in the UK Test
• prove you have sufficient English language skills

The Definition of ‘Continuous Residence...'

The term ‘continuous residence’ is defined under paragraph 276A of the immigration rules.   To apply for Indefinite leave to remain under the 10 year long residence route, you must be able to show that you have been living in the UK for an unbroken period of time.

To show continuous residence for the purposes of applying for indefinite leave to remain you must demonstrate:

• that you have not been out of the UK for more than 180 days at a time
• when you have left the UK, you had an existing right to exit and return

If you have been absent from the UK for more than 18 months in total, your application for Indefinite leave to remain will generally be refused, although the UK Border Agency does have discretion if there were compelling or compassionate grounds for the leave.  Our solicitors can review the facts of your matter and offer you practical advice as to whether or not discretion could be applied in your case.

The Definition of ‘Lawful Residence’

To establish whether or not your residence has been lawful, the UK Border Agency will look at factors such as your character, conduct, associations and employment history.

If your application for Indefinite leave to remain was made after 9^th July 2012, you must not have been in breach of any immigration laws over the 10 year period, with the exception of an overstay of 28 days or less which will be disregarded.

How OTS Solicitors Can Help You With Your Application

We are fully registered and regulated by the Solicitors Regulation Authority, and therefore, you can trust that you are dealing with qualified and experienced solicitors when you engage us to help you submit an Indefinite leave to remain Application.

We will take the time to find out about your circumstances, in order to put together a comprehensive application which has the best chance of succeeding.  We can also answer any questions the Home Office may have regarding your application for Indefinite leave to remain on your behalf.

When you engage our services you can expect the following support:

• Based on the information you provide us, detailed advice as to the UK immigration rules, process, requirements and the law that applies to your case
• Your immigration solicitor will prepare strong detailed legal representations setting out the legal framework to support your application 
• A full and frank discussion with your immigration solicitor, outlining the strengths and weaknesses of your application
• Advice as to what documentation you will need to provide to support your application
• Completing and filling in the relevant application forms
• Full follow-up with the UK Border Agency if there are any questions or problems with your application
• Advice on appeals or applications for administrative or judicial review should you application be refused

Our Fees

We can offer a fixed fee service for an Indefinite leave to remain Application for 10 years residence.  We can also offer payment options if required.

To find out more on how we can advise you on your application for Indefinite leave to remain after a ten year residence in the UK, please phone our office on 0207 936 9960.  We would be happy to offer an initial consultation over the phone, or you can make an appointment to see us in our London office.

If you are the spouse of a person present and settled in the UK, you can apply for indefinite leave to remain;

• after two years if your probationary spouse visa which was granted under the immigration rules in place before 9^th July 2012; or
• after five years if your initial entry clearance or leave to remain as a spouse was granted under Appendix FM of the immigration rules in place from 9^th July 2012.

At OTS Solicitors, our experienced solicitors and support staff can assist you with your Set (M) Application for Indefinite leave to remain and assist you with understanding the financial requirements (if applying after five years).

Same Day Service

We can provide you with same day service when it comes to applying and being granted your Indefinite leave to remain spouse visa.  We can quickly prepare your application and submit it on the same day, saving you having to waste your time making your way to the Home Office - Public Enquiry Office in Croydon. 

Fees

We strive to make our fees as affordable as possible, without compromising on the quality of our work.  In a majority of cases, we will arrange a fixed fee with you before we precede with your application.

The agreed fee will cover our services until we receive a decision by the Home Office or UK Border Agency on your Indefinite leave to remain application as a spouse of a settled person in the UK. Please note that the agreed fee will not cover any disbursements to be incurred by us on your behalf e.g. translation of documents, Home Office fee etc

Our immigration team will provide you with practical, sensible advice, and ensure all the documentation you need to make a successful application is collated and presented correctly.

To find out more about our same day service, please phone our London office on 0207 936 9960 to speak to one of us in person. 

If you have been granted a civil partner visa and wish to apply for Indefinite leave to remain in the UK you may do after two years if you were granted your visa before 9^th July 2012 or after five years if your visa was granted after this date.

Let our highly-qualified, highly-experienced team of solicitors ensure that your application goes through smoothly, with no unnecessary delays.

Eligibility Requirements for SET (M) Application

In order to be eligible to apply for Indefinite leave to remain as a civil partner, you will need to show that you have been living together with your civil partner for the two or five years.  Applicants must also prove that they plan to stay together with their civil partner for the foreseeable future and pass the Life in the UK test and English language requirement.

Our Advantage

We are registered with the UK Border Agency and can have your Indefinite leave to remain application processed within 24 hours.  This will save you enormous amount of time and money spent travelling to the office in Croydon.

Our Immigration Solicitors will help you fill in your application form correctly and organise the correct documentation.  We have a strong record of success when it comes to having applications for Indefinite leave to remain approved, so you can be confident your submission has an excellent chance of being approved.

Our Fees

We strive to provide high-quality legal services at a reasonable cost.  In most cases, we will be able to arrange a fixed fee with you prior to starting work on your application.

To find out more about how we can provide you with down to earth, authoritative assistance regarding Indefinite leave to remain as a Civil Partner application, please phone our London office on 0207 936 9960 to make an appointment.

There are special provisions under UK Immigration Law which allow individuals who come to the UK under a spouse or partner visa to apply for Indefinite leave to remain immediately if they experience domestic violence within their relationship.

The law surrounding this special provision is complex, and evidence of domestic violence is required.  Our Immigration Solicitors can assist you with filling in the correct forms and collating the proof required in a sensitive, confidential manner. 

Your safety is our number one priority and we have the experience needed in this area of immigration law to ensure it is never compromised during the process.

The General Probationary Periods for Individuals Entering the UK Holding a Spouse or Partner Visa

 If you came to the UK as the wife, partner or civil partner of someone who is British or has Indefinite leave to remain (ILR) the general probationary periods before you can apply for ILR are as follows:

• If you made your application for a spouse or partner visa before 9^th July 2012 it is likely that you will have been given a probationary period of 24 months leave. When the probationary period comes to an end, but before it expires, if everything in the relationship is going well you can apply for Indefinite leave to remain (ILR). Indefinite leave to remain is the right to live permanently in the UK.
• If you applied for a spouse or partner visa after 9^th July 2012, then you are likely to have been given 30 months leave to remain at first. You must apply for a renewal of the probationary period for a further 30 months before making an application after 5 years (the total probationary period) for ILR.

The Domestic Violence Rule

Under the domestic violence rule, if you experience domestic violence in your relationship then you can apply for ILR immediately, without having to complete your probationary period.  The rule applies even if you have overstayed your visa.

To be eligible, you must show:

1. you have been given permission to remain in the UK as the spouse, civil partner or partner of a person present and settled in the UK (this means that you are currently on, or were on, a spouse visa); and,
2. you were in a continuing relationship with your spouse, civil partner or partner (this means that you lived together when you arrived in the UK or were given your visa); and,
3. you are able to provide evidence that your relationship with your spouse, civil partner or partner was caused to permanently break down before the end of the probationary period because of domestic violence.

Domestic violence can include physical, sexual, psychological, emotional or financial abuse.

The key element needed to make a successful application is evidence that the relationship between you and your sponsor has broken down permanently because of domestic violence.

Types of Evidence

The best types of evidence to support an ILR application under the domestic violence include:

• a court conviction
• police reports
• medical reports
• non-molestation and occupation orders being sought

Using OTS Solicitors to Submit your Application

Our Immigration Solicitors have the expertise and experience needed to put together a comprehensive application for Indefinite leave to remain under the domestic violence rule. We enjoy an extremely high success rate with all the Indefinite leave to remain applications we submit and we provide all our clients with an exceptional level of client care.  We can also answer any questions the Home Office may have regarding your application on your behalf.

All our communication with you will be dealt with in the strictest confidence.

When you engage our services you can expect the following standard of service:

• Based on the information you provide us, detailed advice as to the UK immigration laws that apply to your case
• A clear, concise discussion with an your solicitor, outlining the strengths and weaknesses of your application
• Advice as to what documentation you will need to provide to support your application
• Assistance with filling in the relevant application forms
• Full follow-up with the UK Border Agency if there are any questions or problems with your application
• Advice on appeals or applications for administrative or judicial review should you application be denied
• Your immigration solicitor will prepare strong detailed legal representations setting out the legal framework to support your application 

OTS Solicitors is registered with and regulated by the Solicitors Regulation Authority.

Our Fees

We can offer a fixed fee service for an Indefinite leave to remain application under the domestic violence rule in some circumstances.  We can also offer payment options if required.

To find out more on how we can advise you on your application for Indefinite leave to remain under the domestic violence rule, please phone our office on 0207 936 9960.  We would be happy to offer an initial consultation over the phone, or you can make an appointment to see us in our London office.

If you have an adult relative living overseas who needs your care and attention on a daily basis, you can make an application to bring them into the United Kingdom so you can look after them.

In order to do so you must be a settled in the UK yourself, as a citizen or with indefinite leave to remain.

If you are in the situation where someone you care for requires help with their everyday needs, OTS Solicitors can assist you with the application to bring them into the UK.  We will ensure the process runs smoothly and is as stress-free as possible.

Eligibility

In order to obtain entry clearance as an adult dependent relative, the person applying must met the following eligibility criteria:

• The applicant must be in need of long term personal care resulting from his age, illness or disability; and
• The applicant must be unable to perform his day to day tasks on his own e.g. getting dressed, making meals, washing etc; and
• The applicant must be unable, even with the practical and financial help of the sponsor, to obtain the required level of care in the country where the
  applicant is living because it is not available and there is no person in that country who can reasonably provide it, or because it is not affordable; and
• The Entry Clearance Officer (ECO) must be satisfied that the applicant will be adequately maintained, accommodated and cared for in the UK by the
  sponsor without recourse to public benefits.

Under the immigration rules the applicant must be the:

• parent aged 18 years or over; or
• grandparent; or
• brother or sister aged 18 years or over; or
• son or daughter aged 18 years or over

of a person (“the sponsor”) who is in the UK.

How We Can Help

With our experience and expertise in immigration law, we will assist you in making an application to the UK Border Agency to bring your dependent relative into the UK.  In all but exceptional circumstances, applications can only be made whilst the relative is residing outside the UK.  However, it is possible to make an application on human rights grounds, for example, under Article 8 of the European Convention of human rights, after your relative arrives in the country.

No matter what your circumstances, we will advise you as to the strengths and weaknesses of your case and ensure you have the correct supporting documents you need to make a successful application.

To talk to us further, please call our London office on 0207 936 9960 to speak to one of our solicitors.

If you are settled in the UK, or have successfully applied for a visa, the UK Government will permit you to bring any dependent children under the age of 18 years into the country with you.

Children need stability and certainty.  It is therefore imperative that you seek legal advice when making plans to bring a dependent child to the UK, as there are certain conditions that must be met in order for the child to gain indefinite leave to enter.

At OTS Solicitors, we can clarify any ambiguity in your application and collate all the documentation required, to ensure you application for your dependent child goes through as quickly and smoothly as possible.  All our staff pay immense attention to detail, which gives our clients the confidence of knowing their application to the UK Border Agency is likely to be accepted first time.

Eligibility Requirements for Indefinite Leave to Enter as a Dependent Child

• In most cases both parents must be present and settled in the UK
• The child must be under 18 years old
• The child must not be living an independent life (for example, they cannot be married or have formed an independent family unit)
• There must be sufficient money to support the child without having to use public funds

Situations Where Only One Parent Is Settled and Present in the UK

A child may be granted indefinite leave to enter the UK in order to live with only one parent if:

• One parent is a British citizen or has indefinite leave to remain, and the other parent is dead; or
• One parent is a British citizen or has indefinite leave to remain, and that parent has had sole responsibility for the child's upbringing; or
• One parent is a British citizen or has indefinite leave to remain, and there are serious and compelling family or other considerations that mean that it would not be in the child’s best interests to exclude them from the UK.

The UK Border Agency is very strict when it comes to assessing whether or not the sponsoring parent has sole responsibility.  Any involvement from the other parent may lead to an adverse decision regarding the entry leave application.  It is imperative that you seek expert legal advice in order to avoid any inference that you, as the sponsoring parent, do not have sole responsibility.

The children of EEA nationals exercising Treaty Rights in the UK are permitted to join their parents in the UK up until the age of 21 years. They are still required to comply with the requirements of not being married or having formed an independent family unit and being financially independent.

How We Can Help

Our experienced and highly-qualified solicitors will take the time needed to put together a comprehensive application to sponsor a child for Indefinite Leave to Enter the UK. You can be assured we will take an approach to your case to ensure it has the best chance of succeeding.  We can also answer any questions the Home Office may have regarding your application on your behalf.

When you engage our services you can expect the following standard of service:

• Based on the information you provide us, detailed advice as to the UK immigration laws that apply to your case
• A clear, concise discussion with an your solicitor, outlining the strengths and weaknesses of your application
• Advice as to what documentation you will need to provide to support your application
• Assistance with filling in the relevant application forms
• Full follow-up with the UK Border Agency if there are any questions or problems with your application
• Advice on appeals or applications for administrative or judicial review should you application be denied
• Your immigration solicitor will prepare strong detailed legal representations setting out the legal framework to support your application 

OTS Solicitors is registered with and regulated by the Solicitors Regulation Authority.

Our Fees

We can offer a fixed fee service for assisting you with an application for Indefinite Leave to Enter as a dependent child in some circumstances.  We can also offer payment options if required.

To find out more on how we can advise you on your application for Indefinite Leave to Enter as a dependent child, please phone our office on 0207 936 9960.  We would be happy to offer an initial consultation over the phone, or you can make an appointment to see us in our London office.

The Tier 5 (Temporary Workers) scheme, introduced in 2008, provides individuals the opportunity to come to the United Kingdom with a job offer for a specific purpose or for temporary/short term employment. The scheme consists of five subcategories across a range of different industries. 

The sub-categories are:

• Temporary workers - creative and sporting
• Temporary workers - charity workers
• Temporary workers - religious workers
• Temporary workers - government authorised exchange
• Temporary workers - international agreement

A Tier 5 – International Agreement Visa allows visa holders to come to the UK to provide a service on a contractual agreement which is covered under International Law. This could include a providing domestic service in diplomatic households, or overseas government employees.

All applicants will be required to have both a sponsor and a valid ‘certificate of sponsorship’ before applying for leave to be employed under this scheme. This certificate of sponsorship is designed to act as a declaration that the applicant is able to take on a particular job and has the intention to do so.

Eligibility for Indefinite leave to remain - Tier 5 International Agreement

In order to be eligible for Indefinite leave to remain under a Tier 5 International Agreement Visa, you must have been residing and working in the United Kingdom legally for five years and have a good knowledge of English.  If you have been absent from the UK during the five years, you must provide a letter from your employer explaining the reason for your absence.

Our experienced Immigration Solicitors will take the time to evaluate your application and alert you to any problems that may cause it to be delayed.  By engaging us you can trust that your application for Indefinite leave to remain has the best chance of succeeding.

Same Day Service

At OTS Solicitors we can have your application for Indefinite leave to remain couriered to the Public Enquiry Office in Croydon and we normally have an answer within 24 hours.  The advantages of using our same day service include:

• not have to waste an entire day waiting at the Public Enquiry Office
• knowing your application has been filled out correctly
• we can liaise with immigration officers on your behalf if there are questions regarding your application.

To find how how we can help you  apply for Indefinite leave to remain please phone our London office on 0207 936 9960.

If you are an EEA family member of an EEA national, you can apply for a Permanent Residence Card after living in the UK continuously for five years.

Eligibility for Permanent Residence as a Family Member of an EEA National

In order to be eligible for Permanent Residence as a family member of an EEA National, you must meet the following criteria laid out in Form EEA(PR):

You must be:

• a family member or extended family member of an EEA national qualified person or permanent resident,
• a former family member of an EEA national if you’ve retained your right of residence after the EEA national died or left the UK, or your/their marriage or civil partnership ended in divorce, annulment or dissolution, or
• a family member of a British citizen who worked or was self-employed in another EEA state before returning to the UK (‘Surinder Singh’ cases).

You can also qualify if you are:

• the family member or extended family member of an EEA national who has ceased activity, or
•  the family member or extended family member of an EEA national former worker or self-employed person who has died.

The Definition of a Family Member and Extended Family Member

Family members are defined as:

• a spouse or civil partner
• a (or their spouse or civil partner’s) child or grandchild who is either under 21 or a dependant
• a (or their spouse or civil partner’s) dependent parent or grandparent

Extended family members are defined as:

• brother or sister
• cousin
• aunt or uncle
• niece or nephew

You must also either:

• have lived in the same house as them before and after coming to the UK
• have a serious medical condition that means you need their personal care

In most cases you need to have lived in the UK for at least five years.

Why Engage OTS Solicitors to Submit your Application

Our Immigration Solicitors have the expertise and experience needed to put together a comprehensive application for Permanent Residence applications as a family member of an EEA national. We enjoy an extremely high success rate with all the Permanent Residence applications we submit and we provide all our clients with an exceptional level of client care.  We can also answer any questions the Home Office may have regarding your application on your behalf.

When you engage our services you can expect the following standard of service:

• Based on the information you provide us, detailed advice as to the UK immigration laws that apply to your case
• A clear, concise discussion with an your solicitor, outlining the strengths and weaknesses of your application
• Advice as to what documentation you will need to provide to support your application
• Assistance with filling in the relevant application forms
• Full follow-up with the UK Border Agency if there are any questions or problems with your application
• Advice on appeals or applications for administrative or judicial review should you application be denied
• Your immigration solicitor will prepare strong detailed legal representations setting out the legal framework to support your application 

OTS Solicitors is registered with and regulated by the Solicitors Regulation Authority.

Our Fees

We can offer a fixed fee service for a Permanent Residence application as a family member of an EEA national in some circumstances.  We can also offer payment options if required.

To find out more on how we can advise you on your application for Permanent Residence as a family member of an EEA national, please phone our office on 0207 936 9960.  We would be happy to offer an initial consultation over the phone, or you can make an appointment to see us in our London office.

If you fall into one of the following categories or immigration routes, then you must use the form ‘Set O Application’ to apply for Indefinite leave to remain in the UK.  The categories are:

• work permit holder
• work permit holder – dependant
• PBS Dependant
• employment not requiring a work permit
• businessperson
• innovator
• investor
• highly skilled migrant
• highly skilled migrant under the terms of the HSMP indefinite leave to remain (ILR) judicial review policy document
• self-employed lawyer
• writer, composer or artist
• Tier 1 (General)
• Tier 1 (Entrepreneur)
• Tier 1 (Entrepreneur) - Accelerated route
• Tier 1 (investor)
• Tier 1 (investor) - Accelerated route
• Tier 1 (Exceptional Talent)
• Tier 2
• UK ancestry
• bereaved partner

To successfully submit a Set O application, you must satisfy the relevant requirements pertaining to the eligibility for Indefinite leave to remain for your particular visa or immigration route as it is set out in the immigration rules.

You must also pass a Life in the UK test and have a recognised English language qualification.

Who May Apply Under Form Set O Application?

You and your partner and/or children under 18 if they are applying as your dependants may apply under Set O application. “Partner” means a spouse, civil partner, unmarried or same-sex partner. Children aged 18 or over may not be included; they must each apply individually and pay the specified fee, as must any children under 18 if there is some reason preventing them from applying with you.

How OTS Solicitors Can Assist You in Submitting your Set O Application

Our Immigration Solicitors have the expertise and experience needed to put together a comprehensive application for Indefinite leave to remain under a Set O application. We enjoy an extremely high success rate with all the Indefinite leave to remain applications we submit, and we provide all our clients with an exceptional level of client care.  We can also answer any questions the Home Office may have regarding your application on your behalf.

All our communication with you will be dealt with in the strictest confidence.

When you engage our services you can expect the following standard of service:

• Based on the information you provide us, detailed advice as to the UK immigration laws that apply to your case
• A clear, concise discussion with your solicitor, outlining the strengths and weaknesses of your application
• Advice as to what documentation you will need to provide to support your application
• Assistance with filling in the relevant application forms
• Full follow-up with the UK Border Agency if there are any questions or problems with your application
• Advice on appeals or applications for administrative or judicial review should you application be denied
• Your immigration solicitor will prepare strong, detailed legal representations setting out the legal framework to support your application 

OTS Solicitors is registered with and regulated by the Solicitors Regulation Authority.

 Our Fees

We can offer a fixed fee service for an Indefinite leave to remain application under a Set O application in some circumstances.  We can also offer payment options if required.

To find out more on how we can advise you on your application for Indefinite leave to remain under a Set O application, please phone our office on 0207 936 9960.  We would be happy to offer an initial consultation over the phone, or you can make an appointment to see us in our London office.