The UK immigration rules allow various categories of migrant nationals to settle in the UK. This is known as Indefinite Leave to Remain (ILR), also known as Settlement or Permanent Residence and is the right to remain in the UK with no time limit or restriction on employment / business activity.
Before Indefinite Leave to Remain can be granted, a migrant has to satisfy various requirements, one of which is to show that they have sufficient knowledge of English (or Welsh or Scottish Gaelic) and of Life in the UK.
Applications can be made in the following categories:
Spouse or Unmarried Partner of a Person Present and Settled in the United Kingdom
You can qualify as the spouse, civil partner (same sex) or unmarried partner of a British citizen or someone who is settled here, following the completion of your initial five-year probationary period.
For those who have been living in the UK in one or more of the following categories for the past five years:
- Tier 1 of the points-based system.
- Tier 2 of the points-based system
- representative of an overseas newspaper, news agency or broadcasting organisation
- private servant in a diplomatic household
- domestic worker in a private household
- overseas government employee
- UK ancestry
Tier 1 (General) and Tier 2 (General) visa holders will also need to satisfy the income requirement when applying for settlement. This means that;
- Tier 1 (General) visa holders will still need to demonstrate they have earned sufficient income in the last 12 months out of the last 15 months preceding the date of their application. Tier 1 General applicants must ensure their application for Indefinite Leave to Remain is made before 05 April 2018.
- Tier 2 (General) visa holders must be paid at least the minimum salary as specified in the relevant Code of Practice for skilled employment and if applying after 05 April 2016 they will need to ensure they receive a salary above £35,000.
Tier 1 Investors and Entrepreneurs
Tier 1 Investors and Entrepreneurs can benefit from an accelerated route to settlement, if certain conditions have been met.
Tier 1 Investors will qualify for settlement depending on the size of the investment made as follows:
- £10milllion investment – 2 years
- £5million investment – 3 years
- £1million investment – 5 years
Tier 1 Entrepreneurs will be able to apply after 3 years if the company has generated a £5million turnover; OR created 10 full time equivalent posts for resident workers for at least 12 months. Alternatively an application can be made after 5 years.
In all cases you should not have been absent from the UK for more than 180 days during any 12-month period.
For those applicants that have completed, and can show evidence of 10 years continuous and lawful residence. As of April 2015 these applications can be processed under a Home Office Same Day service.
For specified dependant relatives of a settled person who is currently living in the UK. These include:
- A child aged under 18 of a parent, parents or a relative;
- The adopted child aged under 18 of a parent or parents;
- The parent, grandparent or other dependant relative aged 18 or over
- Victims of domestic violence,
- Retired person of independent means
- Sole representative of an overseas firm,
- Bereaved partners,
- Nationals of Turkey, Romania or Bulgaria established in business on the basis of EC Association Agreement,
- Persons granted exceptional leave to remain, discretionary leave or humanitarian protection.
How we can help?
For most people this will be the last immigration application they will make. As specialists in UK immigration law we will ensure we thoroughly review your documents to ensure your application is successful.
Our immigration advisers are proud of their extremely high success rate and can offer a full service to clients that require advice and assistance with their applications for Indefinite Leave to Remain.
We are also able to offer Home Office same day appointments to clients for most applications for Indefinite Leave to Remain.