Can I apply for Indefinite Leave to Remain after five years in the UK?
UK settlement and Indefinite Leave to Remain status are headline news. In this article, our UK Immigration Lawyers explain how you can apply to settle in the UK after five years and why you should do so.
Settlement after living in the UK for five years or more
Some visa holders can currently apply to settle in the UK after they have lived in the UK for five years. The answer to whether you can apply for Indefinite Leave to Remain depends on the type of visa you entered the UK on, whether you switched visa whilst in the UK and if you meet:
- The general eligibility criteria for Indefinite Leave to Remain.
- The lawful and continuous residence requirement.
- The visa-specific Indefinite Leave to Remain requirements.
Our UK Immigration Solicitors can advise you on whether you meet the eligibility criteria for an ILR application and guide you through the application process.
Why visa holders should apply for Indefinite Leave to Remain
If you are in the UK on a visa and want to remain in the UK on a long-term basis, you should apply for ILR as soon as you meet the criteria because ILR status means:
- You no longer need to renew your visa.
- You don’t have to pay Home Office visa fees or the immigration health surcharge with ILR status.
- If you want to apply for British citizenship, you need ILR or settled status before you can do so.
- ILR status currently allows applicants to access UK state benefits and other resources.
- If you entered on a Skilled Worker Visa, you no longer require a sponsor to sponsor your employment in the UK. You have freedom of employment.
- If you are settled in the UK, you can sponsor your spouse or unmarried partner on a Spouse Visa or Unmarried Partner Visa to come to the UK, provided they meet the Family Visa eligibility criteria, including the financial requirement.
There are many other advantages of Indefinite Leave to Remain status, but various political parties' media announcements and manifestos emphasise the need to:
- Talk to an Immigration Lawyer about an Indefinite Leave to Remain application and the timing of it.
- Understand the implications of remaining in the UK on a visa or with ILR status rather than with British citizenship.
No one, least of all Visa Solicitors and visa holders, knows what the future holds in immigration law, but one thing is clear: you need to plan for change.
Preparing for your Indefinite Leave to Remain application
In an ideal world, an ILR applicant would start preparing for their settlement application as soon as they decide to move to the UK. That isn’t as daft as it sounds. If an Immigration Solicitor knows that you want to be a permanent resident, they can advise on the best visa to help you secure your goal as quickly as possible. They will also advise on the immigration rules you must follow to meet the residence requirement and qualify for ILR.
The timing of your ILR application
An ILR application must be made before the expiry of your current entry clearance into the UK. That is because if your visa expires without an application to extend it or the submission of your settlement application, you will be classified as an overstayer by the Home Office. That, in turn, will affect the prospects of success of any future ILR application or British Citizenship application.
Continuous residence and ILR applications
Whatever type of visa you hold, you have to meet a period of continuous residence in the UK before you are eligible to apply for Indefinite Leave to Remain.
The minimum period of continuous residence depends on the type of visa you entered the UK on. As the immigration rules allow for accelerated settlement (three years) and immediate settlement (for Family Visa holders who separate from a sponsoring spouse because of domestic violence in the relationship), it's worth checking with an ILR Lawyer what specific residence requirement applies to your circumstances.
Visas and routes to Indefinite Leave to Remain
Some people assume that if they enter the UK on a visa, they will be able to apply to extend it and eventually settle in the UK. However, not all visas lead to settlement in the UK. For example:
- If you enter the UK on a Visitor Visa, then this type of visa will not lead to settlement in the UK. Your six-month stay in the UK on a Visitor Visa will not count as part of your period of continuous residence in the UK if you apply for ILR.
- Studying time on a Student Visa as an international student does not count toward the five-year residence requirement for ILR. This may affect your decision to undertake postgraduate studies in the UK. Instead, you may prefer to obtain sponsored employment on a Skilled Worker Visa at the end of your undergraduate studies.
- Time spent on the Graduate Visa does not count toward the residence requirement for settlement. Therefore, although the Graduate Visa is more flexible than the Skilled Worker Visa, you may prefer to find sponsored employment at the end of a UK degree course.
Spouse Visa to Indefinite Leave to Remain
The UK Spouse Visa can lead to settlement in the UK. The spouse of a British citizen or someone with ILR or Settled Status in the UK can apply for Indefinite Leave to Remain if they:
- Have been in the UK for a period of five years.
- They meet the lawful residence requirement rules.
- The relationship is genuine and subsisting at the time of the settlement application.
- They meet the general and spouse-specific settlement eligibility criteria.
Skilled Worker Visa to Indefinite Leave to Remain
If you are in the UK on a Skilled Worker Visa, you may be eligible to settle in the UK after five years of continuous residence, provided you meet a range of criteria, including financial eligibility. The immigration rules differ from those for Spouse Visa holders converting from a Family Visa to settlement. Converting from a Skilled Worker Visa holder to a settled person is a financial benefit to both the visa holder and the sponsoring employer, as it eliminates the costs associated with the visa and separate sponsorship.
Can I apply for Indefinite Leave to Remain after five years in the UK?
The answer to the question ‘’Can I apply for Indefinite Leave to Remain after five years in the UK?’’ depends on the nature of your visa. If you are fortunate, you may not have to wait five years. For others, the wait is longer. It could be ten or twenty years under the current rules. However, don’t forget that a successful application for settlement isn’t just about your continuous residence. You also must meet the absence from the UK rules, as well as have a good immigration record, meet the visa-specific eligibility criteria, and meet the general criteria. If you are confused by all those criteria, it is best to take immigration legal advice on your route to settlement.
Indefinite Leave to Remain Solicitors
If you have questions about:
- Planning an Indefinite Leave to Remain application.
- The long-term future of Indefinite Leave to Remain status.
- The eligibility criteria for Indefinite Leave to Remain on your visa route.
- The impact of your absences from the UK and your immigration record on your ILR application.
- Meeting the work and financial requirements for an Indefinite Leave to Remain application.
- Accelerated settlement.
- Converting your Indefinite Leave to Remain status to British citizenship.
- Family members joining you because you intend to apply for Indefinite Leave to Remain.
- Applying early for Indefinite Leave to Remain after the end of a relationship.
- Appealing against the refusal of an Indefinite Leave to Remain application.
Our specialist and highly experienced Immigration Solicitors in London can help you.
Why choose OTS Solicitors for your Indefinite Leave to Remain application
London-based OTS Solicitors specialise in immigration law and can help you with your settlement application, whether you are based in South East England or in any location in the UK.
You can be confident in your choice of OTS Solicitors as your ILR Lawyers because we are:
- Accredited by the Law Society for our immigration work.
- Ranked in two leading law directories, Legal 500 and Chambers Guide to the Legal Profession.
- The recipients of excellent client reviews on Google and Trustpilot.
- Experienced in helping settlement applicants across the country with in-person, telephone, or online consultations.
- Proactive and up to date with all the possible changes in immigration policy and rules, and how they may affect visa holders and those who currently hold ILR status.
Contact our UK Immigration Lawyers for expert UK settlement advice.
For expert advice on making an Indefinite Leave to Remain application, call or complete our online form to make an appointment at our offices in London or for a phone or online consultation.
Our lawyers speak Arabic, Armenian, Farsi, Spanish, Tamil, Tagalog/Ilonggo and Urdu/Punjabi.
Related Posts
Best Immigration Lawyer for ILR