Indefinite Leave to Remain
Indefinite Leave to Remain subsections
Indefinite leave to remain - Tier 1 investor Route
As an investor, being granted Indefinite leave to remain in the United Kingdom will provide you and your family with the security of knowing you can reside permanently and travel in and out of the country as your lifestyle and business requires.
Many of our investor clients own property in London and have children settled in school, and are therefore keen to gain the certainty and stability Indefinite leave to remain offers.
At OTS Solicitors, we offer clear, concise advice on the steps required to extend your Investor Visa and obtain Indefinite leave to remain in the UK. Our Immigration team is meticulous in the filling in and filing of forms, which results in 98% of all the applications we submit being successful
Steps to Apply for Indefinite leave to remain
1. Extending Your Investor Visa
Your Investor Visa will expire after three years and four months. After this period, you will be able to apply for a further two year extension if your meet the following eligibility criteria:
Applications for Extension if your Investor Visa was Granted Before 6th November 2014
If you were granted an Investor Visa before 6th November 2014 can apply to extend your visa if you:
- have at least £1,000,000 under your control in the UK
- have invested at least £750,000 (or 75%) of that in UK government bonds, share capital or loan capital in active UK companies
- invested this sum within 3 months of your ‘investor start date’
Funds under your control in the UK
- This sum should include the £750,000 (or more) investment and £250,000 (or the balance needed) to bring it up to at least £1,000,000.
These funds can be either:
- your own money or your partner’s money
- money leant to you by a UK regulated financial institution, as long as you have personal assets with a value of £2,000,000 or more
Applications for Extension if your Investor Visa was Granted After 6th November 2014
If you were granted your Investor Visa after 6th November 2014, the same rules outlined above apply, except you must have at least £2,000,000 under your control in the UK.
If you wish to apply for an extension of your Investor Visa as a first step towards being granted indefinite leave to remain, contact our London office on 0203 959 9123 to talk to one of our experienced solicitors.
Eligibility to Apply for Indefinite leave to remain
After five years on an Investor Visa, you may apply for Indefinite leave to remain in the UK. Once this is granted, you will be free to live and work in the UK with no Immigration restrictions.
Apart from your length of residence in the UK, the other requirements from being Indefinite leave to remain are:
- Passing the Life in the UK Test
- Passing a recognised English language test
Losing your Indefinite leave to remain Status
Your Indefinite leave to remain status can be revoked if you spend longer than two years outside of the UK, or you commit a criminal offence.
OTS Solicitors is comprised of some of the top Immigration law experts in the country, including former Immigration Judge, Paul Gulbenkian, and Teni Shahiean, who has been recognised by the Legal 500 as a top Immigration lawyer from 2012 to 2015.
Let us assist you with obtaining Indefinite leave to remain in the UK. Fill in our Contact Form, or call us on 0203 959 9123.
Indefinite leave to remain - Tier 1 Entrepreneur Route
If you have spent the time and money necessary to build a successful business in the United Kingdom, we can assist you with applying for Indefinite leave to remain so you can grow you business without having to worry about visa restrictions.
Applying For Infinite leave to remain Under an Entrepreneur Visa
As with most Tier One visas, you will generally be required to wait five years before you can apply for Indefinite leave to remain (or Settlement as it is sometimes known).
However, if your business is turning over £5 million or it has created 10 or more jobs, then you may be able to apply for Indefinite leave to remain after just three years.
If you want advice as to whether you qualify for an early application for Indefinite leave to remain then please phone our office on 0203 959 9123 to talk to one of our experienced solicitors.
Eligibility for Indefinite leave to remain in the UK
In order to be granted Indefinite leave to remain you will need to pass both an English language test and a Life in the UK test. It is also important to note that you can lose your right to settle in the UK if you commit a crime that would result in your deportation, or if you spend periods of more than two years outside of the UK.
Our Approach
With some of the finest Immigration law minds in the country working in our firm, OTS Solicitors has established a formidable reputation as one of the top immigration solicitors in London.
As business people ourselves, we understand the importance of getting your Indefinite leave to remain application right first time, to ensure no procedural delays cut into your precious time.
To find out more about our approach, fill in our Contact Form or call us on 0203 959 9123 to make an appointment.
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 9th 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 0203 959 9123. 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.
Indefinite leave to remain - Twenty Years Long Residence / Private Route
Individuals living in the UK for twenty years or more (either lawfully or unlawfully), can apply for leave to remain on the grounds of private life. After a further ten years residency, he or she can apply for Indefinite leave to remain.
The most important distinction between the 20 year route and the 10 year route is that you can apply for leave to remain after 20 years even if you have been in the UK illegally.
Eligibility
The law relating to the 20 years long residence route for Indefinite leave to remain is contained in paragraph 276ADE of the immigration rules. Prior to this paragraph coming into force in 2012, applicants could apply for leave to remain after 14 years.
The applicant must meet one of the requirements contained in paragraph 276ADE (iii) to (vi), which state that the applicant;
- i. Has lived continuously in the UK for at least 20 years (discounting any period of imprisonment)
- ii. Is under the age of 18 years and has lived continuously in the UK for at least seven years (discounting any period of imprisonment)
- iii. Is aged 18 years or above and under 25 years and has spent at least half of their life residing continuously in the UK (discounting any period of imprisonment)
- iv. Is aged 18 years and above, has lived continuously in the UK for less than 20 years (discounting any period of imprisonment) but has no ties (including social, cultural or family) with the country to which they would have to go if required to leave the UK.
The Definition of ‘Ties’
When establishing whether or not an applicant has any ties with the country he or she would have to return to if they left the UK, the UK Border Agency will consider factors such as language, whether the applicant has any family and/or friends in that country, cultural ties etc.
How OTS Solicitors Can Help You With Your Application
Our experienced and highly-qualified solicitors will take the time needed to put together a comprehensive application for leave to remain under the 20 year route. 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 an Indefinite leave to remain Application for 20 years’ residence 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 after a twenty year residence in the UK, please phone our office on 0203 959 9123. 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 9th 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 9th 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 0203 959 9123 to speak to one of us in person.
If you have been granted a same sex partner visa and wish to apply for Indefinite leave to remain, the process of the application will depend on when your same sex partner visa was granted.
Applicants Granted a Same Sex Partner Visa under the Rules in Place before 9th July 2012
If you were granted your same sex partner visa before 9th July 2012, you can apply for Indefinite leave to remain in the UK after two years. To apply, you need to complete the Set (M) application.
Applicants Granted a Same Sex Partner Visa under Appendix FM of the immigration rules
Individuals who were granted their dame sex partner visa under Appendix FM of the immigration rules must wait five years before they can apply for Indefinite leave to remain using a Set (M) application. Applicants must also satisfy the income requirement threshold of £18,600 gross per annum unless he or she is exempt from meeting such requirement under Appendix FM.
You will also be required to pass the Life in the UK test and meet the English language requirement. Both you and your sponsoring partner will also need to show you plan to live together in the UK in a permanent relationship.
Same Day Service
OTS Solicitors can prepare and submit your application for Indefinite leave to remain and have a decision back within 24 hours in most cases. A Set (M) application requires biometrics of the applicant; therefore, you will have to attend the Home Office, Lunar House, PEO, Croydon with our legal representative on the day we submit your application.
Why Choose 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 a same sex visa. 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.
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 a same sex visa 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 for same sex partners, please phone our office on 0203 959 9123. 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 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 9th 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 0203 959 9123 to make an appointment.
If you have been living in the UK as an unmarried partner of a person residing and settled in the country, you can apply for Indefinite leave to remain in the UK after a certain period of time and if you meet certain eligibility requirements.
Our team of immigration solicitors will take the time to review you unique circumstances and advise you of the best course of action to take in order to have the best chance of being successfully granted Indefinite leave to remain.
How Long do I Have to Have Been in the UK to Apply for Indefinite leave to remain as an Unmarried Partner?
If your unmarried partner visa was issued before 9th July 2012, then you can apply for Indefinite leave to remain after two years in the UK. If it was granted after 9th July 2012, then you will need to have resided in the UK for five years before you can apply.
What are the Eligibility Requirements for Indefinite leave to remain as an Unmarried Partner?
In order to be eligible for indefinite leave to remain, you will need to show evidence that:
- you have been living with your partner for the last two or five years;
- you intend to remain living together;
- you have passed the Life in the UK test;
- you meet the language requirements; and
- you and your partner will not have to use public funds to support yourselves
We Provide Same Day Service and Exceptional Client Care
So you do not have to travel to the UK Border Agency Office on Croydon and waste a day whilst waiting for you application to be processed, at OTS Solicitors, we offer a same day service. We will collate your documents, help you fill out your application form and send your information away. We usually hear back from the UK Border Agency no later than the morning after the application has been sent.
When you engage our services you can expect the following legal service:
- Based on the information you provide us, detailed advice as to the UK Immigration laws that apply to your case
- A full and frank discussion with an Immigration solicitor, outlining the strengths and weaknesses of your application
- Advice as to what documentation you will need to provide to support your application
- Help 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
Fees
In most cases we can offer a set fee, agreed with you, before we commence work. If applicable, we may also be able to offer payment options.
To find out more about how we can provide you with practical, friendly, authoritative assistance regarding Indefinite leave to remain as an Unmarried Partner applications, please phone our London office on 0203 959 9123 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 9th 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 9th 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:
- 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,
- 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,
- 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 0203 959 9123. 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.
Losing a spouse or long-term partner is a traumatic event in itself and the last thing you need to worry about is whether or not you can remain in the UK, which may well be the only home you now have.
At OTS Solicitors, we can assist you in a sensitive manner to apply for and be granted Indefinite leave to remain (ILR) if your British spouse or partner has died.
Eligibility for ILR as a Bereaved Partner
In order to successfully apply for ILR as a bereaved partner the following criteria must be met:
- The applicant must be in the UK;
- The applicant's last grant of limited leave must have been as a partner of a British citizen, or a person settled in the UK.
- At the time of the partner's death the relationship between the two parties must have been genuine and subsisting and each of the parties must have intended to live together permanently in the UK.
There are thus no requirements for the Life in the UK test or the English Language test. There are also no qualifying periods, and the bereaved partner can apply as soon as the partner has passed away.
Why Choose 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 for a bereaved spouse or partner. 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 understand that you are going through a stressful and difficult time; therefore, we will 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 an Indefinite leave to remain application for a bereaved spouse or partner 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 for a bereaved spouse or partner, please phone our office on 0203 959 9123. Our immigration lawyers are known for achieving the best outcome and will be glad to make an appointment to see you and assist you through the Immigration process. Please kindly book and appoingment 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 0203 959 9123 to speak to one of our solicitors.
Indefinite leave to remain (ILR), which is also commonly referred to as a permanent residence application is suitible for those that intend to stay in the UK and remain here for the foreseeable future.
Any individual applying for ILR must now pass the ‘Life in the UK’ test and this will have to be evidenced as part of the application. We can advise and help you locate the appropriate test centre and to prepare for the test.
A member of our Immigration team will assess your eligibility for ILR by considering the minimum period of time that you are require to hold residence in the UK before applying for ILR. This period of time depends on the type of visa you hold and depends on the following factors:
- You visa category
- Your ability to maintain yourself financially
- Your marital status and if you have a partner, their nationality
- Your Immigration history
With the dedication of the best immigration solicitors in London, your chances of a successful application for Indefinite leave to remain are higher. A grant of ILR will allow you to settle in the UK permanently without having to extend your visa again; You will be free to engage in business activities and take up employment; and You will be free to travel to and from the UK without restriction.
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 0203 959 9123. 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.
For individuals holding a work permit who wish to remain in the United Kingdom, obtaining Indefinite leave to remain holds tremendous advantages including:
- you will no longer be subject to any Visa restrictions
- you will be able to apply for naturalisation after 12 months
- your employment options will expand
You will be free to apply for Indefinite leave to remain after five years if you currently have a Visa under the Work Permit category.
Eligibility for Work Permit Holders to Apply for Indefinite leave to remain
You will be able to submit an application for Indefinite leave to remain in the UK if:
- You have spent five years continuously living and working in the UK
- You pass the Life in the UK test
- You pass a recognised English language test
Same Day Service
OTS Solicitors is registered with the Home Office, Public Enquiry Office, Croydon to provide same day visa service for ILR as a work permit holder.
After discussing your Indefinite leave to remain eligibility and taking instructions from you, we can prepare and submit your application to the Home Office and obtain a decision quickly and efficiently.
Our same day service will save you the hassle of spending the entire day at the Public Enquiry Office in Croydon waiting for your application to be decided.
In most cases we can have your endorsed passport back to you within 24 hours.
To have us organise a same day Indefinite leave to remain endorsement, please phone our office on 0203 959 9123 to talk to one of our experienced solicitors.
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 0203 959 9123.
If you are a recognised refugee a under the 1951 United Nations Convention Relating to the Status of Refugees, then you can apply for Indefinite leave to remain using Form SET (Protection) following five years continuous residence in the UK.
It is imperative to take this action a month before your right to stay in the UK as a refugee expires, otherwise you may have your refugee status revoked.
At present, there is no fee attached to the submission of the SET (Protection) form.
The Process of Applying for ILR as a Refugee
When considering applications for ILR, the UK Border Agency will check whether there is any reason the applicants refugee status could be revoked. Factors which may lead to revocation include:
- instances of an individual’s criminality
- obtaining a national passport
- voluntarily returning to the country of persecution
- circumstances coming to light that indicate a person should not have been recognised as a refugee in the first place
How OTS Solicitors can Assist You With Your SET (Protection) Application
Our immigration solicitors have the expertise and experience needed to put together a comprehensive application for refugee ILR applications. 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 SET (Protection) 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 ILR as a refugee under the SET Protection Route, please phone our office on 0203 959 9123. To obtain the best outcome in your case our solicitors 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 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 0203 959 9123. 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 an European Economic Area (EEA) national, under Regulation 15 of the EEA Regulations 2006 you may apply for permanent residence in the UK after five years continuous residence.
The countries which from part of the EEA are:
- Austria
- Belgium
- Bulgaria
- Croatia
- Cyprus
- Czech Republic
- Denmark
- Estonia
- Finland
- France
- Germany
- Greece
- Hungary
- Iceland
- Republic of Ireland
- Italy
- Latvia
- Liechtenstein
- Lithuania
- Luxembourg
- Malta
- The Netherlands
- Norway
- Poland
- Portugal
- Romania
- Slovakia
- Slovenia
- Spain
- Sweden
Although Switzerland is not part of the EEA, its citizens enjoy the same rights as EEA nationals.
Stop Press! The British nationality (General) (Amendment No.3) Regulations 2015 which come into force on the 12th November 2015 will require individuals relying on the automatic EU right of permanent residence after five years must now show they have been issued a Residence Permit or permanent residence before making the application for naturalisation.
This will represent a significant change to the way applications for permanent resident status from EEA nationals is dealt with. Previously a residence permit was mainly acquired by non-EEA national family members who derived his / her residential rights from an EEA national.
These new rules make it imperative that anyone seeking permanent residence as an EEA citizen seek legal advice. OTS was one of the first law firms to publish an article alerting the public to this change in law, which will affect so many, a fact which demonstrates our expertise in the granting of permanent residence.
Relying on 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 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 for EEA nationals 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 an EEA national, please phone our office on 0203 959 9123. 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 0203 959 9123. 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 an individual faces serious consequences if they were to return to their home country, but do not meet the criteria needed to be classed as a refugee, then they may be granted Humanitarian Protection or Discretionary Leave.
Humanitarian Protection may be granted if an individual faces one of the following risks to his or her safety if they were returned to their own country:
- the death penalty
- unlawful killing
- torture or inhuman or degrading treatment or punishment
- harsh or inhumane prison conditions which contravene Article 3 of the European Convention of Human Rights
- Serious and individual threat to a civilian’s life or person by reason of indiscriminate violence in situations of international or internal armed conflict
The standard of proof used to establish whether or not a person is at real risk of serious harm if they are returned to their country of origin is ‘is there a reasonable likelihood of serious harm occurring?’.
If you are granted, Humanitarian Protection will be granted leave to enter or remain for five years. Indefinite leave to remain may be granted after five years of leave. Those granted Humanitarian Protection have access to public funds, are entitled to work, to apply for an integration loan, and have access to family reunion, on the same basis as refugees.
Why Choose 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 humanitarian protection route or discretionary leave to remain. We enjoy an extremely high success rate with all the Indefinite leave to remain applications we submit, and we provide all of 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 Humanitarian Protection 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 Humanitarian Protection criteria or Discretionary leave to remain, please phone our office on 0203 959 9123. 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.
In exceptional circumstances, discretionary leave to remain may be granted to those who do not meet the criteria for refugee status and fail to gain Humanitarian Protection. The Home Office has the power to grant ‘discretionary leave to remain’ if it feels that the applicant’s circumstances justify such a step to be taken.
The Policy Instruction on Discretionary Leave, states that “the Discretionary Leave (DL) must not be granted where an individual qualifies for leave under the immigration rules or for Leave outside the Rules (LOTR) for Article 8 reasons. It only applies to those who provide evidence of exceptional, compassionate circumstances, or there are other compelling reasons to grant leave on a discretionary basis.”
Examples of situations that may lead to discretionary leave being granted include:
- Some medical cases
- Situations involving modern slavery
- Circumstances where returning the person to their country of origin would breach the European Convention of Human Rights
Applying for Indefinite leave to remain
Once you have been in the UK for ten or more years, you may be able to apply for Indefinite leave to remain. It is imperative to have expert legal representation when applying for Indefinite leave to remain using a DL application, as gaining approval can be a complex process.
How OTS Solicitors Can Assist You in Submitting your Application
Our immigration solicitors have the expertise and experience needed to put together a comprehensive application for Indefinite leave to remain under a DL 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 DL 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 DL application, please phone our office on 0203 959 9123. 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.
A well prepared and well evidenced application which meets the requirements of the Immigration Rules and leaves no stone unturned and no reason for the Home Office to refuse the application is precisely the reason why more than 99% of our clients applications are successful.
Indefinite leave to remain (ILR), which is also commonly referred to as a permanent residence application is suitable for those that intend to stay in the UK and remain here for the foreseeable future.
For detailed and tailored advice on your individual circumstances for ILR, please contact the OTS Solicitors immigration department on 0203 959 9123 or contact us online.
Life in the UK Test
Any individual applying for ILR must now pass the ‘Life in the UK’ test and this will have to be evidenced as part of the application. We can advise and help you locate the appropriate test centre and to prepare for the test.
A member of our Immigration team will assess your eligibility for ILR by considering the minimum period of time that you are required to hold residence in the UK before applying for ILR. This period of time depends on the type of visa you hold and depends on the following factors:
- You visa category
- Your ability to maintain yourself financially
- Your marital status and if you have a partner, their nationality
- Your Immigration history
With the dedication of the best immigration solicitors in London, your chances of a successful application for Indefinite leave to remain are higher. A grant of ILR will allow you to settle in the UK permanently without having to extend your visa again; You will be free to engage in business activities and take up employment; and You will be free to travel to and from the UK without restriction.
Application Forms and Fees
In accordance with Immigration Rule 30 of HC 395, an applications for ILR is not legally made unless and until they are accompanied by the appropriate fee in local currency. Our team of immigration solicitors will talk you through the form and explain the appropriate fee and evidence to prepare in your particular case. A list of the current application forms can be found online. They cover the following indefinite leave to remain categories: FORM SET (M) - ILR Application for Partners; FORM SET (DV) ILR Application for Victims of Domestic Violence; FORM SET (F) - ILR Application for Children; FORM SET (BUS) - ILR Application for Representative of an Overseas Business; FORM SET (O) - ILR Application For Other Purposes / Not Covered By Other Application; FORM SET (P) - ILR Application For Refugees or Person Granted Humanitarian Protection; FORM SET (LR) – ILR Application For Individuals Applying Under The 10 Year Long Residence Rules
Our Immigration Services for Indefinite Leave To Remain:
- ILR - Tier 1 investor
- ILR – Tier 1 Entrepreneur
- ILR - 10 Years Long Residence
- ILR - 20 Years Long Residence
- ILR spouse visa – SET (M) Application (Same Day Visa Service)
- ILR - Same Sex Partner – SET (M) Application (Same Day Visa Service)
- ILR Civil Partner – SET (M) Application (Same Day Visa Service)
- ILR Unmarried Partner Visa – SET (M) Application (Same Day Visa Service)
- ILR - As Victim Of Domestic Violence
- ILR - Bereaved Partner
- ILR Adult Dependant Relative (Entry Clearance Application)
- ILR Form Set (F) - Application for Children
- ILR - As A Dependent Child
- ILR – Work Permit Holder
- ILR – Tier 5 International Agreement (Same Day Service)
- ILR - As A Refugee - SET Protection Route
- permanent residence As A Family Member of An EEA National - EEA (PR) Application
- permanent residence As An EEA National - EEA (PR) Application
To help our clients understand the specific requirements for each of the above applications for settlement, we have set out a helpful guide to each category below:
For a more detailed discussion regarding your case, or to book an appointment with a member of our Individual Immigration team, please call us now on 0203 959 9123
Indefinite Leave to Remain Success Stories
Our client, AB, arrived in the UK in December 2010 with entry clearance as the sole representative of an overseas business which was valid until October 2013. He was later granted an extension until November 2015. Before Mr B became a client of OTS Solicitors, he made an application In October 2015 for Indefinite leave to remain with his spouse as his dependent, however his application was refused in February 2016 on the grounds that he did not satisfy the criteria of the immigration rules under Paragraph 147. Without the help of Solicitors, AB made an administrative review request in February 2016, however this was also refused in March 2016 on the same grounds.
Acting for Kenyan national in a Court of Appeal case in relation to a Human Rights Application on both Article 3 and Article 8 of the European Convention on Human Rights. The Appellant fears return on account of his imputed political opinion and a challenge has been mounted with a view to Ordering the Secretary of State to reconsider the Appellant’s Human Rights and Asylum protection claim and to make a new decision in the best interest of the Appellant’s British children in the UK. The proceedings have been settled and the Respondent Secretary of State has admitted to conceeding that the previous Immigration Appeal hearing was decided in error of the law. The Home Office have therefore addmitted that the case should be sent back to the previous court and have also confirmed the evidence that should be considered which they nor the court considered in unfairly refusing the clients case the first time. Home Office has also agreed to pay client's full legal costs subject to review.
Acted for client in judicial review proceedings against the Secretary of State for the Home Department (‘SSHD’) in connection to the correct application of the new Immigration Rule, and unlawful interference with client’s Article 3 [inhumane and degrading treatment] and 8 [respect for private and family life] rights under the European Convention on Human Rights (‘ECHR’). During the proceedings, through lengthy negotiations with the Treasury Solicitors, the SSHD conceded to reconsider client’s leave to remain application on both Article 3 and 8, and to waive any requisite fee for the application. The terms of consent settled by the parties also held the SSHD liable to pay the client’s reasonable costs.
As an Immigration solicitor I never get use to the excitement and thrill of calling my clients and letting them and their family members know that they have been awarded their visa or settlement in the UK. In most cases they sense the excitement in my voice and they know before I’ve said anything. This is one experience every Immigration solicitor can relate to, and year on year the satisfaction of telling the family you have worked so hard for to ensure they are finally allowed to remain in the United Kingdom lawfully and to make a positive contribution and enjoy a fulfilling life for themselves and their families becomes more and more rewarding.
In this case I was instructed by the client in judicial review proceedings against the Secretary of State for the Home Department (‘SSHD’). The main issue in this case related to the correct application of the new Immigration Rule, and unlawful breach of client’s Article 3 [inhumane and degrading treatment] and interference with Article 8 [respect for private and family life] rights under the European Convention on Human Rights (‘ECHR’). During the proceedings, and through lengthy negotiations with the Treasury Solicitors, the SSHD conceded to reconsider client’s leave to remain application on both Article 3 and 8, and to waive any requisite fee for the application. The terms of consent settled by the parties also held the SSHD liable to pay the client’s reasonable costs. Following the judicial review and upon review by the Home Office of her decision, my client was granted leave to remain with her daughter also obtaining the same leave in line with her mother. My client recently received her biometrics residence permit and it was always very rewarding to work for her. Today she is in a position to make positive contributions to UK society and raising her daughter in a safe and stable environment.
Client A, a national of India had leave to remain as a Tier 2 (General) worker, but had reached ten lawful years of residence in the UK through various visa routes they had been granted whilst in the UK. A also had a dependant wife in the UK. A instructed the head of our immigration department, Teni Shahiean to assist and prepare the client's indefinite leave to remain application in the UK based on his long residence. This was granted to him within a very short time. Miss Shahiean then advised the client on an application under Appendix FM for his wife to gain leave to remain which would lead to her own Indefinite leave to remain in the shortest time. The client and his wife were pleased with the advice and instructed our team to then apply, this time the spouse of a settled person for his wife. With our assistance the client collated all the evidence under Appendix FM and we provided advice on including evidence to meet the financial, English language and accommodation requirements and B was successfully granted her leave to remain as a spouse for 30 months. After 30 month our client will be eligible for Indefinite leave to remain.
Your Questions & Our Answers about Indefinite Leave to Remain
Thank you for getting in touch with us.
Your enquiry is being reviewed by our team and one of our solicitors will contact you shortly.
In the meantime, you can also call us on 02039599123 or email us on info@otssolicitors.co.uk
Thank you for getting in touch with us.
Your enquiry is being reviewed by our team and one of our solicitors will contact you shortly.
In the meantime, you can also call us on 02039599123 or email us on info@otssolicitors.co.uk
Dear Madam,
Many thanks for your question.
When applying for ILR, you will be required to meet the residency requirements. Thus, you should not be out of the UK for more than 180 days in any given year. The home office may exercise their discretion in the even that you exceed this time frame.
Our solicitors will contact you shortly.
Dear Sir/Madam,
Many thanks for your question regarding nationality.
From the information provided, you should be in a position to apply to naturalise as a British citizen.
Our solicitors will contact you shortly.
Dear Sir/Madam,
Many thanks for your questions.
You will be required to apply for permanent residence first, providing you have been a qualified person for at least 5 years in the UK. There are various other requirements you will need to meet for permanent residence. Once you acquire permanent residence, you can apply to naturalise as a British citizen.
We will contact you shortly to discuss this matter further.
Dear Sir/Madam,
Many thanks for your question.
As an EEA National, you would have been required to acquire permanent residence prior to making a naturalisation application.
We will contact you shortly to discuss this matter further.
Dear Sir,
Many thanks for your question.
There may be a possibility for your ILR application to be granted. We will require further information from you in order to advise you on your options. Our solicitors will contact you shortly to discuss your matter further.
Dear Sir,
Many thanks for your Immigration enquiry.
We may be able to apply for your 13-year-old child to enter the UK as the child of a parent settled in the UK. Your 18-year-old child will not be able to use this route. There are various requirements that must be met under this route, thus we will need to discuss this further with you. We will also require further information to assess how the 18-year-old individual can join you in the UK. This could be through a student visa, work visa, etc.
Our solicitors will contact you shortly.
Dear Sir,
Many thanks for your question regarding Indefinite leave to remain based on 10 years lawful residence in the UK (continuous residence). We will be required to go through your Immigration history in further detail in order to establish whether your absence will affect your application.
Our solicitors will contact you shortly.
Thank you for your enquiry.
Your visit visa may count towards your leave in the UK however, this will depend on how long you were absent from the UK. We would need to seek further instructions from you to understand whether you qualify for indefinite leave to remain based on your long residence.
Our immigration solicitors will contact you shortly.
Dear Madam,
Many thanks for your question.
We will require further information from you in order to advise you on your Immigration matter. Our solicitors will contact you shortly.
Thank you for your enquiry.
Your case has been pending for a very long time and thus it is important to communicate with the home office for an update. We may need to review your ILR application after which we can advise of next steps.
Dear Sir/Madam,
Many thanks for your questions.
You may be able to rely on your expired B1 certificate if you used it in a previous immigration application.
Our immigration solicitors will contact you shortly.
Dear Sir,
Many thanks for your enquiry.
The period spent in prison cannot be counted towards your lawful residence in the UK for the purpose of Indefinite leave to remain based on 10 years long residence.
Our immigration solicitors will contact you shortly to discuss our matter further.
Dear Sir/Madam
We note your question regarding the recent changes in calculating the 180 days absences for ILR. Your understanding is correct that the current position from the Home Office is to apply this rule retrospectively. There are some limited exemptions to this. We will contact you shortly to discuss this further.
Dear Sir,
Thank you for your Immigration enquiry.
You may combine your former leave under Tier 4, Tier 1 and Tier 2 with your current leave as an EEA family member and possiblyapply for permanent residence under the 10-year long residence route. Alternatively, you mayrely on your leave as an EEA family member and apply for permanent residence on this basis.
We can of course advise you further but would require additional information in order to do so.
Our immigration solicitors will contact you to discuss your Immigration matter shortly.
Thank you for your Immigration enquiry.
You should not be required to continue working with your sponsor once you obtain ILR. In any event, we will need further information from you in order to advise you.
One of our solicitors will contact you shortly.
Thank you for your Immigration enquiry.
In order to confirm whether you would need to apply for an extension prior to being entitled to apply for ILR we would need to have some further information about your matter. In particular the date you first entered the UK with leave as a partner under Appendix FM of the immigration rules.
A solicitor will contact you shortly to discuss your matter.
Dear Sir,
Thank you for your question.
You may be eligible for retained rights of residence. In order to advise you on your options to remain in the UK we will require further information from you.
A solicitor will be in touch with you shortly.
Please note: this answer does not constitute legal advice. We must have your formal instructions to provide legal advice.
Best wishes,
OTS Solicitors
Hi Sir,
we can confirm that there is no maintenance requirement for the Tier 2 ILR. To satisfy your concerns, a member of OTS Solicitors shall be in touch with you to discuss this matter.
Dear Sir,
Thank you for your question.
Usually, absences are looked over the last 5 year-span. The general rule for ILR is that absences must not exceed more than 450 days over the last 5 years and no more than 90 days in the last 12 months. In your situation, you may be able seek discretion however, we must understand and calculate your absences and advise you thereafter. At this stage, we request you to attend our offices for a consultation to discuss the matter further.
Please note: this answer does not constitute legal advice. We must have your formal instructions to provide legal advice.
Best wishes,
OTS Solicitors
Dear Madam,
Thank you for your question.
You are are generally entitled to apply for Indefinite leave to remain after having completed 5 years in the UK as a Tier 2 Dependant.
Someone will be in touch with you to talk with you about your options.
Please note: this answer does not constitute legal advice. We must have your formal instructions to provide legal advice.
Best wishes,
OTS Solicitors
Dear Sir,
Thank you for your question.
Your wife should be able to apply for citizenship since she acquired Indefinite leave to remain in 2015.
Someone will be in touch with you to talk with you about your options.
Please note: this answer does not constitute legal advice. We must have your formal instructions to provide legal advice.
Best wishes,
OTS Solicitors
Dear Sir,
Thank you for your question.
It appears that you have been granted Limited leave to remain with your partner on the 10 year route to settlement, as you were previously an overstayer.
A member of OTS Solicitors will contact you to explore your Immigration options further.
Please note: this answer does not constitute legal advice. We must have your formal instructions to provide legal advice.
Best wishes,
OTS Solicitors
Thank you for your question. You may be able to apply for settlement (ILR) under the 10 year long residence scheme. Someone will be in touch with you to find out more about your situation and whether or not you qualify.
Disclaimer: Please note, this answer does not constitute legal advice. To provide advice, we need your formal instruction.
Best wishes,
OTS Solicitors
Thank you for your question. If your Tier 2 ICT Visa was granted after the 6th April 2010 time spent on the visa will not usually qualify towards Indefinite leave to remain (permanent residence). We would need to talk further with you to discuss the options available to you and your family. Someone will be in touch with you over the next few days.
Please note: This answer does not constitute legal advice. To provide legal advice, we must receive your formal instruction.
Best wishes
OTS Solicitors
Thank you for your question.
Under a Tier 2 (General) Visa, you may be able to apply for ILR after five years. You will need to meet the continuous residency requirements to make a successful application.
Under new rules, which come into force from 11th January, if you have been absent from the UK for more than 180 days in any 12-month period, Indefinite leave to remain may be denied. Long absences from the country can no longer be divided over two 12-month blocks.
If you wish to apply for ILR after you have been in Britain for five years, it may be best to talk to one of our team who can work through your absences and see if you meet the new continuous residency requirements.
Disclaimer: Please note this cannot be taken as legal advice. Legal advice cannot be provided unless we receive your formal instruction.
Best wishes,
OTS Solicitors
Dear Sir, it would be difficult to assess whether it would be possible for your dependants to apply for ILR at this time without a thorough assessment of their Immigration history. In order to assist you with your matter, a member of OTS solicitors shall contact you and take further instructions.
Dear Mr Nankani, investment for the purposes of the Tier 1 Investor Visa must be made way of investing into UK Government Bonds; or Company Share Capital or Loan capital in active and trading UK registered companies. Investment cannot be directly made into the UK Equities market. You would be entitled to Citizenship upon meeting the residency requirements at the time. Marriage to a British Citizen would make a difference to the residency requirements for the purposes of naturalisation, however, you have been granted indefinite leave to remain on the 5 year partner route under Appendix FM. For a comprehensive discussion of your enquiry, a qualified Immigration advisor from OTS Solicitor shall contact you shortly.
Dear Sir, once an individual transfers onto the partner route which is a 5 year route to settlement, the individual must complete a full 5 years before being eligible to apply for indefinite leave to remain under Appendix FM of the immigration rules. Leave to enter or remain, can only be amalgamated in order to meet the continuous residence for the purposes of applying indefinite leave to remain based on the long residence policy (10 years lawful leave to remain). We trust this information proves useful. Nevertheless, an Immigration advisor from OTS Solicitors.
Dear sir, the Home Office has unfortunately refused your application under Paragraph 322(5) because the income which you had confirmed that you had received from your activities as self-employment in your application for leave to remain/ILR did not reflect the figures provided to the HRMC. Regardless of whether you have now gone back and confirmed the correct figure and paid the correct amount of tax which previously fell due, the Home Office have taken the view that you would not have received the appropriate points required had you declared the figures given to the HRMC to the Home Office as the time of your previous applications for leave to remain as a Tier 1 (General) migrant. A member of our business immigration team shall be in touch with you shortly, should you wish to discuss the decision in further details and your options moving forward.
Dear Madam, we understand that your husband has filed a judicial review. This would mean that it would be up to the Immigration Tribunal Judge at the Upper Tier Tribunal to decide whether your husband’s claim ought to have given rise to an in-country right to appeal and whether the certification of his appeal should be lifted. If you would like to discuss this matter further, please do not hesitate to contact us for a consultation with one of our Immigration & Public law specialists.
Dear Madam, we are sorry to hear this. You could potentially be eligible to proceed in applying for Indefinite leave to remain even though you are separating according to the immigration rules. We would be happy to discuss your matter during consultation to further ascertain your eligibility.
Thank you for your enquiry.
We will require further information from you in order to advise you.
We will contact you shortly to discuss your Immigration matter.
Thank you for your enquiry.
If you are a recognised refugee under the 1951 United Nations Convention Relating to the Status of Refugees, then you can apply for Indefinite leave to remain following five years continuous residence in the UK.
It is imperative to take this action a month before your right to stay in the UK as a refugee expires, otherwise you may have your refugee status revoked.
The Home Office will review the current situation in your home country prior to granting or refusing your ILR application.
We will need further information from you in order to advise you.
We will contact you shortly to discuss this matter further.
Please note, this answer cannot be taken as a legal advice until we have your full instructions. The answer provided above is for information purposes only, if you would like to proceed to full legal advice and consult with our immigration solicitors, please let us know your availability for an appointment by contacting us on 0207 936 9960 or through our Contact Form.
Thank you for your enquiry.
We note that you currently hold Indefinite leave to remain and as such you will not be required to make an application for Permanent Residency. You may be eligible to apply for naturalisation depending on how long you have held Indefinite leave to remain.
We will contact you shortly to discuss your matter further.
Thank you for your enquiry.
Please note due to changes made by the Immigration Act 2014, there had been some changes to the way section 3C leave is calculated. It is very important for us to know when your application was submitted, when it was refused and when the appeal was lodged in order to confirm whether you should apply for indefinite leave to remain or not.
Someone will be in touch with you shortly to see how we can help you further.
Please note, this answer cannot be taken as a legal advice until we have your full instructions. The answer provided above is for information purposes only, if you would like to proceed to full legal advice and consultation with our immigration solicitors, please let us know your availability for an appointment by contacting us on 0207 936 9960 or through our Contact Form.
We look forward to hearing back from you soon.
Best regards,
OTS Solicitors
Thank you for your enquiry.
When applying for an extension as a spouse and subsequently indefinite leave to remain in the UK as a spouse, amongst all other requirements stipulated within Appendix FM of the immigration rules, you must demonstrate that you both have the intention to live together permanently and that your relationship is genuine and subsisting.
We have dealt with a similar situation to your wife's whereby our client was issued with leave to remain successfully. Of course each application is unique and will be decided on its own merit.
Someone will be in touch with you shortly to see how we can help you further.
Please note, this answer cannot be taken as a legal advice until we have your full instructions. The answer provided above is for information purposes only, if you would like to proceed to full legal advice and consultation with our immigration solicitors, please let us know your availability for an appointment by contacting us on 0207 936 9960 or through our Contact Form.
We look forward to hearing back from you soon.
Best regards,
OTS Solicitors
Thank you for your enquiry.
If your children travel without their biometric residence permits, they will be refused entry to the UK upon return from your trip. This is because the UK Border's staff need to see evidence of their right to enter and remain in the UK before allowing them to enter.
You should write to the relevant department at the Home Office to request them to expedite the matter and issue the biometric residence permits as soon as possible, highlighting the fact that you have a family holiday booked for August.
Someone will be in touch with you shortly to see how we can help you further.
Please note, this answer cannot be taken as a legal advice until we have your full instructions. The answer provided above is for information purposes only, if you would like to proceed to full legal advice and consultation with our immigration solicitors, please let us know your availability for an appointment by contacting us on 0207 936 9960 or through our Contact Form.
We look forward to hearing back from you soon.
Best regards,
OTS Solicitors
Thank you for your enquiry.
In order to switch into a Tier 2 visa from a Tier 4 visa, you must have an eligible qualification from a licensed Tier 4 Sponsor whom have sponsored your visa to study for the elible qualification in the UK.
The eligible qualifications specified by the Home Office guidance are a UK Bachelors Degree, a UK Masters Degree, a post graduate certificate in education or professional graduate diploma of education. You must also meet the following requirements:
- Have a certificate of Sponsorship
- Have an appropriate salary
- Have the required level of English Language qualification
- Have proof of £945 in savings, unless you are exempt
- Provide a criminal record certificate for any country you have lived in for 12 months or more in the last 10 years, if you will be working with vulnerable people.
As well as the above, there are other requirements under the immigration rules which you must meet. At this stage, we will need more information from you about yourself before we can provide you with comprehensive advice about switching visas in the UK.
With regard to you enquiry about settlement, you may be eligible to settle in the UK after completing 10 years in the UK with lawful residence. There may be alternative routes to settlement for you and thus we can explore these options with you in more detail once we have full instructions from you.
Someone will be in touch with you shortly to see how we can help you further.
Please note, this answer cannot be taken as a legal advice until we have your full instructions. The answer provided above is for information purposes only, if you would like to proceed to full legal advice and consultation with our immigration solicitors, please let us know your availability for an appointment by contacting us on 0207 936 9960 or through our Contact Form.
We look forward to hearing back from you soon.
Best regards,
OTS Solicitors
Thank you for your enquiry.
Indefinite leave to remain is likely to be revoked if a migrant spends more than 2 years outside of the UK.
In such a situation, the migrant must apply as a Returning Resident when intendting to return to settle in the UK. At that stage, arguments can be put forward as to why the migrant spent more than 2 years outside of the UK and ILR may be reinstated only at the discretion of the Home Office.
You will need to provide us with more information about the person holding ILR and the reasons why they are being forced to remain outsdie of the UK for the said period for us to provide you with thorough advice.
Someone will be in touch with you shortly to see how we can help you further.
Please note, this answer cannot be taken as a legal advice until we have your full instructions. The answer provided above is for information purposes only, if you would like to proceed to full legal advice and consultation with our immigration solicitors, please let us know your availability for an appointment by contacting us on 0207 936 9960 or through our Contact Form.
We look forward to hearing back from you soon.
Best regards,
OTS Solicitors
Thank you for your enquiry about settlement in the UK under the Tier 2 visa category.
Your previous employer is under a duty to inform the Home Office that your employment with them has ended. We need further instructions from you about your activities and status in the UK during the 4 months gap between your jobs before we can advise any further.
The 4 months gap you have referred to you in your enquiry may have implications on your application for indefinite leave to remain in the UK as a Tier 2 migrant if you apply in March 2018. Please note that you will not be granted a right of appeal if your application for indefinite leave to remain under the Tier 2 visa category is refused and thus, it is important that you obtain full legal advice on this matter in order to ensure your right to live and work in the UK is not jeapordised.
Someone will be in touch with you shortly to see how we can help you further.
Please note, this answer cannot be taken as a legal advice until we have your full instructions. The answer provided above is for information purposes only, if you would like to proceed to full legal advice and consultation with our immigration solicitors, please let us know your availability for an appointment by contacting us on 0207 936 9960 or through our Contact Form.
We look forward to hearing back from you soon.
Best regards,
OTS Solicitors
Thank you for your question. We will need to talk with you further to provide guidance as to which route is best for your long-term. Someone from our office will be in touch with you shortly to discuss.
Please note, this answer cannot be taken as a legal advice until we have your full instructions. The answer provided above is for information purposes only, if you would like to proceed to full legal advice and consultation with our immigration solicitors, please let us know your availability for an appointment by contact us on 0207 936 9960 or through our Contact Form.
I look forward to hearing back from you soon.
Best regards,
OTS Solicitors
Thank you for your question. To enter the UK you may be able to acquire a UK spouse visa. The eligibility criteria for a UK spouse visa is usually as follows:
-You and your spouse must be 18 years old or over.
-You must have met each other and be legally married - this is to prevent arranged marriages.
-You must intend to live together permanently.
-You must have enough money to support yourselves (and any dependents) without claiming public funds.
- Your sponsoring partner must earn more than £18,600 per year or have enough savings to be able to sponsor you. The minimum financial requirement is higher if they are also sponsoring dependent children
-You must have suitable accommodation for you, your spouse and any dependants.
-You must satisfy the English language requirements.
Someone from our office will be in touch shortly to discuss your situation with you and see how we can assist.
Please note, this answer cannot be taken as a legal advice until we have your full instructions. The answer provided above is for information purposes only, if you would like to proceed to full legal advice and consultation with our immigration solicitors, please let us know your availability for an appointment by contact us on 0207 936 9960 or through our Contact Form.
I look forward to hearing back from you soon.
Best regards,
OTS Solicitors
Dear Asim,
Thank you for your question. Unfortunately, Tier 4 Visas are not generally eligible for settlement purposes. To settle in the UK, you may need to switch to another visa category, such as Tier 2 General, but this would mean obtaining employment from an employer who holds a UK Sponsor Licence.
Some one will be in touch with you shortly to discuss your options.
Please note, this answer cannot be taken as a legal advice until we have your full instructions. The answer provided above is for information purposes only, if you would like to proceed to full legal advice and consultation with our immigration solicitors, please let us know your availability for an appointment by contact us on 0207 936 9960 or through our Contact Form.
I look forward to hearing back from you soon.
Best regards,
OTS Solicitors
Thank you for your question.
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
We would need to get more information about your situation and previous judicial review application to help you. Someone will be in touch with you shortly to discuss.
Please note, this answer cannot be taken as a legal advice until we have your full instructions. The answer provided above is for information purposes only, if you would like to proceed to full legal advice and consultation with our immigration solicitors, please let us know your availability for an appointment by contact us on 0207 936 9960 or through our Contact Form.
I look forward to hearing back from you soon.
Best regards,
OTS Solicitors
Thank you for your question.
To be able to assist you we would need further information about your husband's current visa. The form FLR (O) was formally withdrawn in December last year so it is likely you will have to apply under a new document.
Someone will be in touch with you shortly to discuss this with you. You can also contact us on the number below.
Please note, this answer cannot be taken as a legal advice until we have your full instructions. The answer provided above is for information purposes only, if you would like to proceed to full legal advice and consultation with our immigration solicitors, please let us know your availability for an appointment by contact us on 0207 936 9960 or through our Contact Form.
I look forward to hearing back from you soon.
Best regards,
OTS Solicitors
Thank you for your question. If you spend lengthy periods outside the UK, it can affect your application for ILR. By coming in to see us, we can examine your situation fully and submit your application through the Home Office's Same Day Service. Someone will be in touch with you shortly to discuss this with you.
Please note, this answer cannot be taken as a legal advice until we have your full instructions. The answer provided above is for information purposes only, if you would like to proceed to full legal advice and consultation with our immigration solicitors, please let us know your availability for an appointment by contact us on 0207 936 9960 or through our Contact Form.
I look forward to hearing back from you soon.
Best regards,
OTS Solicitors
Thank you for your question.
To assist you we would need to know what type of visa your boyfriend is planning to apply for. If you are thinking of applying for a visa for an unmarried partner, there are certain financial thresholds you normally need to meet including:
-An income of £18,600 (from the sponsoring partner). This increases if you have children.
-evidence that you have lived together in a relationship akin to marriage for the past two year.
-you have suitable accommodation for you both to live in
There are other criteria which need to be met. Someone will be in touch today to discuss how we may be able to help you should you choose to instruct us.
Please note, this answer cannot be taken as a legal advice until we have your full instructions. The answer provided above is for information purposes only, if you would like to proceed to full legal advice and consultation with our immigration solicitors, please let us know your availability for an appointment by contact us on 0207 936 9960 or through our Contact Form.
I look forward to hearing back from you soon.
Best regards,
OTS Solicitors
Thank you for your question.
You may be able to live in the UK for five years as a retired person with independent means, however the criteria for this is very strict. After this you may be able to apply for Indefinite leave to remain. To obtain a five year Ancestry Visa it is likely that you would be required to work. Your other options are an Investor Visa (if you have access to £2 million to invest in the UK market) or an Entrepreneur Visa (you will need access to £200,000 and this would involve working in a busienss).
To advise you we would need to know more about your circumstances. Please get in touch to make an appointment.
Please note, this answer cannot be taken as a legal advice until we have your full instructions. The answer provided above is for information purposes only, if you would like to proceed to full legal advice and consultation with our immigration solicitors, please let us know your availability for an appointment by contact us on 0207 936 9960 or through our Contact Form.
I look forward to hearing back from you soon.
Best regards,
OTS Solicitors
Thank you for your question.
After 20 years in the UK you may be able to apply for leave to remain under the Twenty Years Long Residence / Private Route on the grounds of private life. Under this route, it does not matter whether or not you have not had a legal right to be in the country.
The law relating to the 20 years long residence route for Indefinite leave to remain is contained in paragraph 276ADE of the immigration rules. Prior to this paragraph coming into force in 2012, applicants could apply for leave to remain after 14 years.
The applicant must meet one of the requirements contained in paragraph 276ADE (iii) to (vi), which state that the applicant;
i. Has lived continuously in the UK for at least 20 years (discounting any period of imprisonment)
ii. Is under the age of 18 years and has lived continuously in the UK for at least seven years (discounting any period of imprisonment)
iii. Is aged 18 years or above and under 25 years and has spent at least half of their life residing continuously in the UK (discounting any period of imprisonment)
iv. Is aged 18 years and above, has lived continuously in the UK for less than 20 years (discounting any period of imprisonment) but has no ties (including social, cultural or family) with the country to which they would have to go if required to leave the UK.
Please get in touch with us as you may be a precarious position being in the country illegally.
Please note, this answer cannot be taken as a legal advice until we have your full instructions. The answer provided above is for information purposes only, if you would like to proceed to full legal advice and consultation with our immigration solicitors, please let us know your availability for an appointment by contact us on 0207 936 9960 or through our Contact Form.
I look forward to hearing back from you soon.
Best regards,
OTS Solicitors
Thank you for your question.
People living in the UK for twenty years or more (either lawfully or unlawfully), may be able to apply for leave to remain on the grounds of private life. After a further ten years residency, it may then be possible to apply for Indefinite leave to remain.
The most important distinction between the 20 year route and the 10 year route is that you can apply for leave to remain after 20 years even if you have been in the UK illegally.
We would like to talk to you to find out more about your circumstances, as because you have been here from when you were a child there may be more expeditious options available to you.
Please note, this answer cannot be taken as a legal advice until we have your full instructions. The answer provided above is for information purposes only, if you would like to proceed to full legal advice and consultation with our immigration solicitors, please let us know your availability for an appointment by contact us on 0207 936 9960 or through our Contact Form.
I look forward to hearing back from you soon.
Best regards,
OTS Solicitors
Thank you for your question.
if you would like to proceed to full legal advice and consultation with our immigration solicitors, please let us know your availability for an appointment by contact us on 0207 936 9960 or through our Contact Form.
I look forward to hearing back from you soon.
Best regards,
OTS Solicitors
Dear Sir/Madam,
Thank you for your email to OTS Solicitors.
My name is Elizabeth Ramos de Freitas and I tried calling you earlier today. After reading your query, I am confident that we can advise you regarding your case.
Although this cannot be taken as a legal advice until we have your full instructions, in order to apply for the EEA permanent residence card, you would need to be living in the UK for 5 years as an EEA National or a family member. I doesn't seem that you or your wife are EEA Nationals.
Spouse Visas are also something that our firm routinely deals with and I would suggest that we arrange a consultation to discuss your case further.
Without taking your full instruction we are unable to advise you. May I kindly ask that you confirm your availability for an appointment with us this week/next week?
If you would like to proceed in this way, please let us know your availability. If you have any further queries, please do not hesitate to contact me.
I look forward to hearing back from you soon.
Best regards,
Elizabeth Ramos de Freitas
Legal Administrator
OTS Solicitors
Dear Sir / Madam
Thank you for your question.
Your query has been forwarded to the relevant department and our immigration lawyers will be in touch with you within 24 hours to explain how to proceed for the best outcome in your Immigration case.
Kind regards
OTS Solicitors
Dear Sir,
Thank you for your question.
Your case raises certain complex Indefinite leave to remain matters which our specialist immigration solicitors, who are regulated by the Solicitors Regulation Authority would be confident to advise you on. We would be able to offer you assistance as part of a one-off consultation or otherwise as part of our full representation service. Your query relating to your leave to remain in the UK, and residence requirements in the UK has been forwarded to the relevant department and our immigration lawyers will be in touch with you within 24 hours to explain how to proceed for the best outcome in your Immigration case.
Kind regards
OTS Solicitors
Dear Sir,
Thank you for your question regarding your eligibility for ILR in the UK.
Your case raises certain complex matters which our specialist immigration solicitors, who are regulated by the Solicitors Regulation Authority would be confident to advise you on. We would be able to offer you assistance as part of a one-off consultation or otherwise as part of our full representation service. Your query relating to your leave to remain in the UK, and residence requirements in the UK has been forwarded to the relevant department and our immigration lawyers will be in touch with you within 24 hours to explain how to proceed for the best outcome in your Immigration case.
Kind regards
OTS Solicitors
Dear Sir,
Thank you for your question.
Your case raises certain complex matters which our specialist immigration solicitors, who are regulated by the Solicitors Regulation Authority would be confident to advise you on. We would be able to offer you assistance as part of a one-off consultation or otherwise as part of our full representation service. Your query relating to your leave to remain in the UK as a spouse, and your residence requirements for when you return to the UK after your studies has been forwarded to the relevant department and our immigration lawyers will be in touch with you within 24 hours to explain how to proceed for the best outcome in your Immigration case.
Kind regards
OTS Solicitors
Thank you for your question. Your case raises certain complex matters which our specialist immigration solicitors, who are regulated by the Solicitors Regulation Authority would be confident to advise you on. We would be able to offer you assistance as part of a one-off consultation or otherwise as part of our full representation service. Your British nationality query has been forwarded to the relevant department and our immigration lawyers will be in touch with you today to explain how to proceed for the best outcome in your Immigration case.
Dear Tom,
Thank you for your question. We set out some information below which may assist you in applying under this visa route.
Individuals living in the UK for twenty years or more (either lawfully or unlawfully), can apply for Leave to Remain on the grounds of private life. After a further ten years residency, he or she can apply for Indefinite Leave to Remain.
The most important distinction between the 20 year route and the 10 year route is that you can apply for Leave to Remain after 20 years even if you have been in the UK illegally.
Eligibility
The law relating to the 20 years long residence route for Indefinite Leave to Remain is contained in paragraph 276ADE of the Immigration Rules. Prior to this paragraph coming into force in 2012, applicants could apply for Leave to Remain after 14 years.
The applicant must meet one of the requirements contained in paragraph 276ADE (iii) to (vi), which state that the applicant;
- i. Has lived continuously in the UK for at least 20 years (discounting any period of imprisonment)
- ii. Is under the age of 18 years and has lived continuously in the UK for at least seven years (discounting any period of imprisonment)
- iii. Is aged 18 years or above and under 25 years and has spent at least half of their life residing continuously in the UK (discounting any period of imprisonment)
- iv. Is aged 18 years and above, has lived continuously in the UK for less than 20 years (discounting any period of imprisonment) but has no ties (including social, cultural or family) with the country to which they would have to go if required to leave the UK.
The Definition of ‘Ties’
When establishing whether or not an applicant has any ties with the country he or she would have to return to if they left the UK, the UK Border Agency will consider factors such as language, whether the applicant has any family and/or friends in that country, cultural ties etc.
How OTS Solicitors Can Help You With Your Application
Our experienced and highly-qualified solicitors will take the time needed to put together a comprehensive application for Leave to Remain under the 20 year route. 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 immigrationlaws 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 for 20 years’ residence 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 IndefiniteLeave to Remain after a twenty 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.
This Immigration question has been responded to privately by one of our immigration solicitors. If you have a similar query, please do not hesitate contact our UK Immigration team.