Indefinite Leave to Remain (ILR), sometime known as settlement or permanent settlement, is permission to stay in the UK on permanent basis granted by the Home Office, UKVI. If you have ILR or ILE there is no longer any time limit on your ability to stay in the UK. If you have ILR or ILE and your permanent home is in the UK you are regarded as settled in the UK. As specialist ILR solicitors, we can provide expert legal help and assistance with ILR or ILE applications.

Contents Table

Specialist ILR Solicitors
Most Common Requirements For ILR
Most Popular ILR Applications
ILR Family Members Of British Citizens & Settled Persons
ILR For Work Visa Holders
ILR For Work Visa Dependants
ILR On The Basis Of Private Life and Discretionary Leave
ILR - Members of HM Forces & Their Family Members
Micellaneous Other ILR Applications
Need Help? Book An Appointment
ILR - Frequently Asked Questions (FAQs)

Specialist ILR Solicitors

Our expert team of ILR solicitors are specialists in dealing with all types of Indefinite Leave to Remain (ILR) applications. As specialist ILR solicitors, we have wealth of knowledge and experience to provide high quality legal services for ILR applications. Our ILR solicitors have helped thousands of applicants with their Indefinite Leave to Remain (ILR) applications. The high quality of our legal services is self-evident from the reviews of our clients for excellent immigration services provided by our highly experienced and qualified immigration lawyers.

As expert ILR solicitors based in London, Manchester and Birmingham, we are registered with the Home Office, UK Visas & Immigration (UKVI) and its commercial partners UKVCAS Sopra Steria to provide Super Priority Service (SPS) for ILR applications whereby decision on your ILR application will be made by the Home Office UKVI within 24 hours of the enrolment of your biometrics at a designated service centre.

Our ILR solicitors can prepare and submit your ILR application to the Home Office, UKVI through ILR - Super Priority Service and get decision on your ILR application within 24 hours. This way, you will not have to wait for the decision on your application for months (sometimes years).

What Are The Most Common Requirements For Indefinite Leave To Remain (ILR)?

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

Residence Requirement

You can apply for Indefinite Leave to Remain (ILR) in the UK once you have lived in the UK for a certain number of years as required by the Immigration Rules. In most visa categories, an application for Indefinite Leave to Remain (ILR) can only be made to the Home Office UKVI once the applicant has lived in the UK for a continuous period of at least 5 years. In certain visa categories, an accelerated route to settlement is available whereby the applicant can apply for Indefinite Leave to Remain (ILR) even before completion of 5 years residence in the UK. An application for ILR can be made 28 days prior to completion of the ILR qualifying period.

Absences From The UK

Almost all the work visa categories require all the ILR applicants not to be absent from the UK for more than 180 days in any 12 months during the ILR qualifying period. Such restriction of 180 days does not apply to ILR applications as family members of British Citizens and settled persons.

Not Falling For Refusal On General Grounds

The applicant's application for ILR should not fall for refusal on general grounds. The general grounds for refusal are set out in Part 9 of the Immigration Rules. A person who has non-custodial sentence or other out of court disposal within last 24 months of the date of application for ILR falls for refusal on general grounds by virtue of paragraph 322(1)(C) of the Immigration Rules.

Life In The UK Test

With the exception of very few categories, all applicants for ILR are required to pass Life in the UK test before applying for Indefinite Leave to Remain (ILR) in the UK. All applicants over the age of 65 and under the age of 18 are exempt from meeting the Life in the UK test requirement. It may also be possible to seek exemption from meeting this requirement on medical grounds.

English Language Proficiency At Level B1

With the exception of very few categoreis, all applicants for ILR are required to meet the English proficiency at level B1 of CEFR in listening and speaking only before applying for Indefinite Leave to Remain (ILR) in the UK. All applicants over the age of 65 and under the age of 18 are exempt from meeting the English language requirement. It may also be possible to seek exemption from meeting this requirement on medical grounds.

Most Popular ILR Applications

Following are the most popular ILR services offered by our expert team of ILR solicitors in London, Manchester or Birmingham.

ILR As A Spouse - SET (M) Application
ILR Parent Of British Child
ILR 10 Years Long Residence Application
ILR UK Ancestry Migrant
ILR As A Sole Representative Of Overseas Business
ILR As A Turkish ECAA Businessperson
ILR As A Turkish ECAA Worker
ILR Tier 2 General Migrant
ILR Tier 2 Minister Of Religion
ILR Tier 1 Exceptional Talent
ILR Tier 1 Entrepreneur
ILR As Tier 1 Entrepreneur (Accelerated Route)
ILR As PBS Dependants

ILR As Family Members Of British Citizens & Settled Persons

Our expert team of immigration solicitors in London, Manchester and Birmingham can provide fast, friendly, reliable and fixed fee legal services for following ILR applications as family members of British Citizens or settled persons. Our expert team of immigration solicitors can provide ILR Super Priority Service (decision within 24 hours) or ILR Priority Service (decision within 5 working days) for most of the ILR applications as family members of British Citizen or settled person.

ILR Spouse Visa (5 Years Route) ILR As Spouse - 10 Years Route
ILR Civil Partner (5 Years Route) ILR Civil Partner (10 Years Route)
ILR - Unmarried Partner (5 Years Route) ILR - Unmarried Partner (10 Years Route)
ILR - Same Sex Partner (5 Years Route) ILR - Same Sex Partner (10 Years Route)
ILR - Victim Of Domestic Violence ILR - Bereaved Partner
Entry Clearance For Indefinite Leave To Enter (ILE) As Adult Dependant Relative ILR As Adult Dependant Relative
ILR As Parent Of A Child (5 Years Route) ILR As Parent of British or Settled Child (10 Years Route)
Indefinite Leave To Enter As Child Under 18 ILR As Child Under The Age of 18
ILR As An Adopted Child Of Parent(s) Present And Settled In The UK

ILR For Work Visa Holders

Our expert team of immigration solicitors in London, Manchester and Birmingham can provide fast, friendly, reliable and fixed fee legal services for following ILR applications for work visa holders. Our expert team of immigration solicitors can provide ILR Super Priority Service (decision within 24 hours) or ILR Priority Service (decision within 5 working days) for most of the ILR applications as work visa holders.

ILR As An Innovator Migrant ILR As Tier 1 Entrpreneur
ILR As Tier 1 Entrepreneur (Accelerated Route) ILR As Tier 1 Exceptional Talent
ILR As Tier 1 Investor ILR As Tier 2 General
ILR - Tier 2 Minister of Religion ILR As Tier 2 Sportsperson
ILR UK Ancestry ILR As Sole Representative
ILR As Turkish ECAA Businessperson ILR As A Turkish ECAA Worker

ILR For Work Visa Dependants

Our expert team of work visa solicitors in London, Manchester and Birmingham can provide fast, friendly, reliable and fixed fee legal services for following ILR applications for work visa dependants. We can provide ILR Super Priority Service (decision within 24 hours) or ILR Priority Service (decision within 5 working days) for most of the ILR applications as work visa dependants.

ILR As PBS Dependants ILR As Dependant Of Innovator Migrant
ILR As Dependant Of Sole Representative ILR As Dependant Of UK Ancestry Migrant
ILR As Turkish ECAA Businessperson ILR As A Dependant Of A Turkish Worker

ILR On The Basis Of Private Life & Discretionary Leave

Our expert team of immigration solicitors in London, Manchester and Birmingham can provide fast, friendly, reliable and fixed fee legal services for following ILR applications on the basis of Private and Discretionary Leave. We can provide ILR Super Priority Service (decision within 24 hours) or ILR Priority Service (decision within 5 working days) for most of the ILR applications on the basis private life and discretionary leave.

ILR Upon Completion Of 10 Years With Leave To Remain Granted On The Basis Of 20 Years Long Residence ILR Upon Completion Of 10 Years Long Resaidence With Leave To Remain Granted On The Basis Of 7 Years Child Residence Category
ILR Upon Completion Of 10 Years With Leave To Remain Granted On The Basis Of Being Over 18, Under 25 And Lived Half Of The Life In The UK Continuously ILR Upon Completion Of 10 Years With Leave To Remain Granted On The Basis Of Very Significant Obstacles To Integration
ILR Under Discretionary Leave (10 Years Route) ILR - Discretionary Leave (6 Years Route)

ILR Applications By Members Of HM Forces & Their Family Members

Our expert team of immigration solicitors in London, Manchester and Birmingham can provide fast, friendly, reliable and fixed fee legal services for following ILR applications by members of HM Forces & their Family Members. We can provide ILR Super Priority Service (decision within 24 hours) or ILR Priority Service (decision within 5 working days) for most of the ILR applications for members of HM Forces and their family members.

Indefinite Leave To Enter (ILE) On Discharge ILR On Discharge From HM Forces
Indefinite Leave To Enter As Partner Of Member Of HM Forces ILR As A Partner Of Member Of HM Forces
Indefinite Leave To Enter As A Bereaved Partner Of A Member Of HM Forces ILR As A Bereaved Partner Of Member Of HM Forces
ILR As A Partner Of Member Of HM Forces Who Is Victim Of Domestic Violence Indefinite Leave To Enter (ILE) As A Child Of Member Of HM Forces
ILR As A Child Of Member Of HM Forces Indefinite Leave To Enter (ILE) As A Bereaved Child Of Member Of HM Forces
ILR As A Bereaved Child Of Member Of HM Forces  

Miscellaneous Other ILR/PR Applications

Settled Status Application Under The EU Settlement Scheme ILR - 10 Years Long Residence
ILR As A Refugee [SET(P) Application] ILR - Humanitarian Protection - SET (P) Application
Entry Clearance For Indefinite Leave To Enter (ILE) As Returning Resident ILR As A Stateless Person
ILR As A Family Member Of A Stateless Person Settled Status Application Under The EU Settlement Scheme

 

FAQs - ILR Spouse Visa (5 Years Route)

How can I apply for ILR as a spouse under 5 years route?

You can apply for ILR as a spouse under 5 years route by completing application form SET (M) online.

When can I apply for ILR as a spouse under 5 years route?

You can apply for ILR as a spouse under 5 year within 28 days before completion of 5 years residence with leave to remain as a spouse under 5 years route.

Can I apply for ILR as a spouse after 2.5 years?

No, you cannot apply for ILR until you have completed 5 years residence in the UK unde 5 years spouse visa route. Prior to 9 July 2012, it was possible to apply for ILR after 2 years residence in the UK on spouse visa but as a result of change in Immigration Rules in 2012 the ILR qualifying period for spouse visa was changed to 5 years under the 5 years route.

How much does spouse visa ILR cost?

The Home Office UKVI fees for ILR as a spouse under 5 years route are as follows:

  • Application fee: £2389
  • Biometrics Enrolment Fee: £19.20
  • Super Priority Service for decision within 24 hours (Optional): £800

In addition to the Home Office UKVI fees for ILR as a spouse under 5 years route, you will also have to pay the solicitors legal costs if you are getting legal help and assistance of a solicitor for ILR as a spouse under 5 years route. Our fixed fees for spouse visa ILR under 5 years route are given in the table below:

Our Service Our Fee
One-off immigration consultation/advice for spouse visa ILR under 5 years route £80 (inclusive of VAT)
One-Off Spouse Visa Application Checking Service / Documents Assessment £240 (inclusive of VAT)
Full service for spouse visa ILR (5 years route) to  cover all the work until decision by the Home Office UKVI From £800 + VAT To £2,000 + VAT

The agreed fixed fee will depend on the complexity of the application and the volume of casework involved in the application.

Which English test is required for spouse visa ILR under 5 years route?

You will need to pass the Home Office UKVI approved English test known as IELTS Life Skills at level B1 (listening and speaking only) for your spouse visa ILR under 5 years route.

Is there absences criteria for ILR as a spouse under 5 years route?

Under the UK immigration Rules, there is no specific provisions with regards to absences from the UK whilst on spouse visa. However, as the spouse visa category is a settlement category, it is expected that the applicant has intention to live permanently in the UK with the UK sponsor in order to settle in the UK. Long absences from the UK may raise a question mark on the applicant's intention to live permanently in the UK with the UK sponsor.

The requirement of not being absent for more than 180 days in each year does not apply to spouse visa ILR applications.

What is spouse visa ILR salary requirement?

The immigration rules require that an applicant who is applying for ILR as a spouse with no dependent children should have a combined (applicant's and sponsor's) salaried  income of not less than £18,600 gross per year.

FAQs - ILR Tier 2 General

How can I apply for ILR as a Tier 2 General Migrant?

You can apply for ILR as a Tier 2 General Migrant by completing application form SET (O) online.

When can I apply for ILR as a Tier 2 General Migrant?

You can apply for Indefinite Leave to Remain (ILR) as a Tier 2 General migrant after you have been resident in the UK for 5 years with leave to remain as a Tier 2 General or in combination with other permitted work visa categories.

Can I apply for ILR as a Tier 2 General 28 days before completing 5 years?

Yes, according to Home Office UKVI Guidance on Tier 2 General visa category, you can apply for ILR as Tier 2 General 28 days before completing the 5 years qualifying period.

When does my 5 years qualifying period for ILR as a Tier 2 General start?

Your qualifying period can include time from the date your initial application (for entry clearance or leave to remain) was approved. You can include the time between your entry clearance being granted and you entering the United Kingdom as part of your continuous period. Absences between the date entry clearance is granted and the date you enter the United Kingdom are treated as an absence from the United Kingdom and will form part of the 180 days allowed within a continuous 12-month period. You do not need to provide evidence to demonstrate a period of absence between obtaining entry clearance and entering the United Kingdom.

Can I apply for ILR as a Tier 2 General Migrant if my Tier 2 sponsor's licence is revoked?

You cannot successfully apply for ILR as a Tier 2 General Migrant if your sponsor's Tier 2 General sponsor licence is revoked before your ILR application. In such circumstances, you should make a Tier 2 General exetension application based on change of employment by seeking sponsorship for your Tier 2 leave through a different Tier 2 sponsor.

Do I need a Certificate of Sponsorship (CoS) assigned by my Tier 2 General sponsor for me to apply for ILR as a Tier 2 General?

No, your Tier 2 sponsor does not need to assign you a certificate of sponsorship (CoS) for you to apply for ILR as a Tier 2 General Migrant. However, you will need a letter from your Tier 2 sponsor to support your application for ILR as a Tier 2 General Migrant. As your legal representtive, we can provide you the required template of the letter from your employer as per Home Office UKVI requirements.

What are the eligibility requirements for ILR as a Tier 2 General Migrant?

You can apply for ILR as a Tier 2 General Migrant if:

  • you have a Tier 2 (General) visa
  • you’ve been living and working in the UK for 5 years and spent no more than 180 days outside the UK in any 12 months (‘continuous residence’)
  • your employer (sponsor) still needs you for your job - they’ll need to provide a document confirming this
  • your job pays £35,800 or more (unless you’re exempt from the ‘minimum earnings threshold’)
  • you get paid the relevant salary listed in the Codes of Practice (Appendix J)

You should also:

Can I combine time spent on other visa categories with Tier 2 General to apply for ILR as a Tier 2 General Migrant?

Yes, you can combine time spent on certain other visa categories with Tier 2 General leave in order to complete 5 years qualifying period for ILR.

The applicant must have spent a continuous period of 5 years lawfully in the UK, of which the most recent period must have been spent with leave as a Tier 2 (General) Migrant in any combination of the following categories:

  • as a Tier 1 Migrant, other than a Tier 1 (Post Study Work) Migrant or a Tier 1 (Graduate Entrepreneur) Migrant,
  • as a Tier 2 (General) Migrant, a Tier 2 (Minister of Religion) Migrant or a Tier 2 (Sportsperson) Migrant,
  • as a Tier 2 (Intra-Company Transfer) Migrant, provided the continuous period of 5 years spent lawfully in the UK includes a period of leave as:
    • a Tier 2 (Intra-Company Transfer) Migrant granted under the Rules in place before 6 April 2010, or
    • a Work Permit Holder, provided that the work permit was granted because the applicant was the subject of an Intra-Company Transfer,
  • as a Representative of an Overseas Business,
  • as a Highly Skilled Migrant,
  • as a Work Permit Holder, or
  • as an Innovator, or
  • as a Global Talent migrant.

What is the salary requirement for ILR Tier 2 General?

To apply for ILR as a Tier 2 General Migrant, you must be earning at least the appropriate rate for the job, as stated in the Codes of Practice in Appendix J OR a gross annual salary of at least the minimum earnings threshold, whichever is the higher. The minimum earnings threshold is £35,800 gross per annum, if you apply for ILR as a Tier 2 General on or after 6 April 2019.

Exemption From Minimum Salary Requirement

You do not have to earn £35,800 if the main job you’re sponsored for:

Appendix K provides a list of all posts that have been listed as in shortage since 6 April 2015. You can confirm whether any of your previous Certificates of Sponsorship were issued for a shortage occupation by checking your previous applications or by speaking to your current and/or previous employer.

How many days can you stay outside the UK to apply for ILR as a Tier 2 General Migrant?

You cannot have had more than 180 days’ absence from the United Kingdom during any consecutive 12 month period within the 5 year period. You will need to list details of your absences from the United Kingdom, including the reasons for those absences, on your application form for ILR as a Tier 2 General Migrant. You can include the time between your entry clearance being granted and you entering the United Kingdom as part of your continuous period. Absences between the date entry clearance is granted and the date you enter the United Kingdom are treated as an absence from the United Kingdom and will form part of the 180 days allowed within a continuous 12-month period. You do not need to provide evidence to demonstrate a period of absence between obtaining entry clearance and entering the United Kingdom.

For Tier 2 General ILR applications made after 11 January 2018, Home Office would consider absences from the UK on a rolling basis, rather than in separate consecutive 12-month periods. If your qualifying period includes leave granted before this date, any absences during that leave will be considered under the previous rules – in separate 12-month periods, ending on the same date as you make your ILR Tie 2 General application.

For example, you apply for ILR as Tier 2 General on 30 June 2020. Your continuous period includes the following grants of leave:

  • One grant of leave from 1 July 2015 to 28 July 2018 – Any absences during this grant of leave will be considered in separate 12 month periods, ending on 30 June each year.
  • One grant of leave from 29 July 2018 to 30 June 2020 – Any absences during this grant of leave will be considered on a rolling basis. Home Office UKVI will not include any absences from the previous grant of leave when they assess this.

What evidence should I provide for any absences which are work related or in line with annual paid leave?

If any of your absences are in connection with employment or in line with annual paid leave you will need to provide a letter from the relevant employer detailing the purpose and period of absences, including periods of annual paid leave.

You will need to provide this information for the full 5 year continuous period. Therefore, if you are moving employers and are considering applying for settlement in the future, you may wish to request a letter detailing your absences before you move to your new post. If you are unable to obtain a letter as specified in the Immigration Rules, because your previous employer has ceased to exist for example, you should confirm this in writing when you make your application. The caseworker who considers your application will assess this on a case by case basis.

What evidence should I provide for any absences which are due to serious or compelling reasons?

If any of your absences are due to a serious or compelling reasons, you must provide a personal letter which includes full details of the reason(s) for the absences and all relevant supporting documents in relation to those reasons - e.g. medical certificates, birth/death certificates, other information about the reasons which led to the absence from the United Kingdom.

Whatever the reason for absences from the United Kingdom, they will still be counted towards the maximum 180 days unless they fall under a specific exemption. This includes any absences for work reasons, or serious and compelling reasons.

Which absences are exempt from consideration as part of the maximum 180 days?

There are two exemptions where absences are not considered as part of the maximum 180 days:

  • where you have been absent from the United Kingdom assisting with a national or international humanitarian or environmental crisis, or
  • where you are working in a PhD level occupation and you have been absent from the UK because you are undertaking overseas research.

What is the processing time of Tier 2 General ILR application?

The processing time of ILR Tier 2 General application depends on the type of service you use to submit your ILR Tier 2 General application. The service standards for ILR Tier 2 General application processing are as follows:

Standard Service

ILR Tier 2 General application submitted through standard service is normally decided within 8 weeks.

Priority Service

ILR Tier 2 General application submitted through priority service is normally decided within 5 working days.

Super Priority Service

ILR Tier 2 General application submitted through super priority service is normally decided within 24 hours.

Can I apply for ILR Tier 2 General from outisde the UK?

No, you can only apply for ILR as Tier 2 General Migrant from inside the UK.

FAQs - ILR 10 Years Long Residence

How can I apply for ILR on the basis of 10 years long residence?

You can apply for ILR on the basis of 10 years long residence by using online application form SET (LR).

Can I apply for ILR after 9 years residence in the UK?

No, you can only apply for ILR on the basis of 10 years long residence 28 days before completing 10 years long residence. Your application for ILR on the basis of 10 years long residence may be refused by the Home Office if at the time of decision on your ILR application you have not completed the qualifying period for ILR.

If you are short by few months in completion of 10 years long residence, it may be possible to extend your leave temporarily by virtue of Section 3C through an appropriate immigration application in your given circumstances so that you are able to complete your 10 years long residence in the UK to be eligible for ILR on the basis of 10 years long residence in the UK.

When can I apply for ILR on the basis of 10 years long residence?

You can apply for ILR on the basis of 10 years long residence within 28 days before completing 10 years long residence in the UK whether applying through standard service or through Super Priority Service (decision within 24 hours).

Once you have built up a period of 10 years’ continuous lawful residence, there is no limit on the length of time afterwards when you can apply for ILR on the basis of 10 years continuous and lawful residence in the UK. This means you could leave the UK, re-enter on any lawful basis, and apply for ILR from within the UK based on a 10 year period of continuous lawful residence you built up in the past. There is also nothing to prevent a person relying on a 10 year period that they may have relied on in a previous application or grant.

What is continuous residence for the purposes of ILR on the basis of 10 years long residence?

Continuous residence is defined in paragraph 276A of the Immigration Rules. Continuous residence means residence in the UK for an unbroken period i.e. without gaps. For the purposes of long residence, a period is not considered broken if the applicant:

  • was absent from the UK for six months or less at any one time, and
  • had existing leave to enter or remain upon their departure and return.

You can leave the UK during the continuous residence for up to:

  • 180 days at a time;
  • 540 days in total.

You cannot count time spent in:

  • a prison, young offender institution or secure hospital
  • Ireland, the Isle of Man or Channel Islands

What is lawful residence for the purposes of ILR on the basis of 10 years long residence?

Lawful residence is defined in paragraph 276A of the Immigration Rules as a period of continuous residence in which the applicant had one of the following:

  • existing leave to enter or remain
  • temporary admission within section 11 of the 1971 Immigration Act where leave to enter or remain is subsequently granted
  • an exemption from immigration control, including where an exemption ceases to apply if it is immediately followed by a grant of leave to enter or remain.

What events break continuous residence for the purposes of 10 years long residence ILR?

Continuous residence is considered to be broken if the applicant has:

  • been absent from the UK for a period of more than six months (180 days) at any one time, or is absent from the UK for a shorter period but does not have valid leave to enter the UK on their return, or valid leave to remain on their departure from the UK
  • been removed or deported from the UK, or has left the UK following refusal of leave to enter or remain
  • left the UK before 24 November 2016 with no valid leave to remain on their departure from the UK, and failed to apply for entry clearance within 28 days of their previous leave expiring (even if they returned to the UK within 6 months)
  • been convicted of an offence and been given a custodial sentence, or ordered to be detained in an institution other than a prison, such as a hospital or young offenders institute, not including suspended sentences
  • spent a total of 18 months (540 days) outside the UK throughout the whole 10 year period.

How can I challenge the refusal of ILR 10 years long residence application?

Appeal against refusal of SET (LR) application:

If your ILR long residence application is refused by the Home Office, UKVI and you believe that the refusal decision is unlawful, you can challenge the refusal of your SET (LR) application by filing an Appeal Against Refusal Of SET(LR) 10 Years Long Residence Application with the First Tier Tribunal (FTT) within 14 days of receiving the refusal letter.

Pre Action Protocol (PAP) & Judicial Review (JR) against refusal of SET(LR) application:

If you have not been given an in-country right to appeal agaisnt the refusal of your SET(LR) application, you can still challenge the refusal of your application by way of Pre Action protocol (PAP) and Judicial Review (JR) against the Home Office UKVI decision to refuse your SET (LR) application.

Can I re-apply for ILR on the basis of 10 years long residence after the refusal?

If your application for ILR 10 years long residence - SET(LR) application has been refused by the Home Office, UKVI and you believe that the decision to refuse your application is valid and lawful and therefore cannot be challenged successfully by way of appeal, you may have the option to re-apply for ILR 10 years long residence within 14 days of your section 3C leave ending. We can provide the required legal help and assistance with re-applying for your ILR 10 years long residence through our Super Priority Service.

Can I apply for Indefinite Leave to Remain (ILR) after 10 years?

You can apply for Indefinite Leave to Remain (ILR) in the UK if you've been in the UK legally for 10 continuous years (known as 'long residence').

How early can I apply for ILR on the basis of 10 years long residence?

You can apply for ILR 28 days before you complete 10 years continuous and lawful residence in the UK starting from your date of very first entry in the UK.

Can Home Office UKVI exercise discretion for absences exceeding 540 days in total or 180 days at a time?

If the applicant has been absent from the UK for more than 6 months in one period or more than 18 months in total, the application would normally be refused. However, it may be appropriate to exercise discretion over excess absences in compelling or compassionate circumstances, for example where the applicant was prevented from returning to the UK through unavoidable circumstances.

Things for the Home Office caseworker to consider when assessing if the absence was compelling or compassionate are:

For all cases

The Home Office caseworker should consider whether the applicant returned to the UK within a reasonable time once he was able to do so

For the single absence of over 180 days

The Home Office caseworker should consider:

  • how much of the absence was due to compelling circumstances and whether the applicant returned to the UK as soon as they were able to do so;
  • the reasons for the absence

For overall absences exceeding 540 days in the 10 year period

The Home Office caseworker should consider:

  • whether the long absence (or absences) that pushed the applicant over the limit happened towards the start or end of the 10 year residence period, and how soon they will be able to meet that requirement
  • if the absences were towards the start of that period, the person may be able to meet the requirements in the near future, and so could be expected to apply when they meet the requirements
  • however, if the absences were recent, the person will not qualify for a long time, and so Home Office case worker should consider whether there are particularly compelling circumstances

All of these factors must be considered together when determining whether it is reasonable to exercise discretion.

Does any overstaying rule out ILR on the basis of 10 years long residence?

According to paragraph 276B(V), any previous period of overstaying (gap) between periods of leave will be disregarded where –

  • the previous application was made before 24 November 2016 and within 28 days of the expiry of leave; or
  • the further application was made on or after 24 November 2016 and paragraph 39E of the Immigration Rules applied.

FAQs - ILR Overseas Media Representative

How can I apply for ILR as a representative of an overseas media organisation?

You can apply for Indefinite Leave to Remain (ILR) as an overseas media representative by completing an online application form.

Can I apply for ILR as an overseas media representative using Super Priority Service?

No, you cannot use Super Priority Service for ILR as an overseas media representative because Super Priority Service is not available for ILR as an overseas media representative. You can only use standard service for ILR as an overseas media representative.

When can I apply for ILR as an overseas media representative?

You can apply for ILR as an overseas media representative 28 days before completing 5 years residence in the UK with leave to remain as an overseas media representative. Your qualifying period can include time from the date your initial application for entry clearance was approved.

What are the eligibility requiremets for ILR as an overseas media representative?

You can apply for ILR as an overseas media representative if you meet the following eligibility criteria:

  • You have completed 5 years in the UK with UK visa as an overseas media representative;
  • You have met the requirements of an overseas media representative throughout the 5 year period and you should still meet all the requirements - this includes being employed throughout the period, for example by providing P60s for the last 5 years and pay slips for the last 3 months;
  • You should provide evidence to show that your employer is still be actively trading and remains centred overseas;
  • You have no more than 180 days outside the UK in any 12 months (known as ‘continuous residence’);
  • You provide proof that your employer still needs you to do your job;
  • You must not be in breach of immigration laws, except that any period of overstaying allowed under the Immigration Rules will be disregarded.

You should also:

Can I re-apply for ILR as an overseas media representative after the refusal of my ILR application?

You can re-apply for ILR as an overseas media representative after the refusal of your ILR application within 14 days of either the refusal of your ILR application or within 14 days of the Administrative Review (AR) decision against the refusal of your ILR application. Our expert team of immigration solicitors can help you prepare and file a fresh application for ILR as an overseas media representative after the refusal of your ILR application.

What is the absences criteria for ILR as an overseas media representative?

You cannot have had more than 180 days’ absences from the United Kingdom during any consecutive 12 month period within the 5 year period. You will need to list details of your absences from the United Kingdom, including the reasons for those absences, on your application form for ILR as an overseas media employee. You can include the time between your entry clearance being granted and you entering the United Kingdom as part of your continuous period. Absences between the date entry clearance is granted and the date you enter the United Kingdom are treated as an absence from the United Kingdom and will form part of the 180 days allowed within a continuous 12-month period. You do not need to provide evidence to demonstrate a period of absence between obtaining entry clearance and entering the United Kingdom.

For ILR application as an overseas media representative made after 11 January 2018, Home Office would consider absences from the UK on a rolling basis, rather than in separate consecutive 12-month periods. If your qualifying period includes leave granted before this date, any absences during that leave will be considered under the previous rules – in separate 12-month periods, ending on the same date as you make your ILR as a sole representative application.

For example, you apply for ILR as an overseas media representative on 30 June 2020. Your continuous period includes the following grants of leave:

  • One grant of leave from 1 July 2015 to 28 July 2018 – Any absences during this grant of leave will be considered in separate 12 month periods, ending on 30 June each year.
  • One grant of leave from 29 July 2018 to 30 June 2020 – Any absences during this grant of leave will be considered on a rolling basis. Home Office UKVI will not include any absences from the previous grant of leave when they assess this.

Work Related Absences Or Absences In Line With Annual Paid Leave

If any of your absences are in connection with employment or in line with annual paid leave you will need to provide a letter from the relevant employer detailing the purpose and period of absences, including periods of annual paid leave. You will need to provide this information for the full 5 year continuous period.

Absences Due To Serious Or Compelling Reasons

If any of your absences are due to a serious or compelling reasons, you must provide a personal letter which includes full details of the reason(s) for the absences and all relevant supporting documents in relation to those reasons - e.g. medical certificates, birth/death certificates, other information about the reasons which led to the absence from the United Kingdom.

Whatever the reason for absences from the United Kingdom, they will still be counted towards the maximum 180 days unless they fall under a specific exemption. This includes any absences for work reasons, or serious and compelling reasons.

Exemption Where Absences Are Not Considered

Your absences are not considered as part of the maximum 180 days where you have been absent from the United Kingdom assisting with a national or international humanitarian or environmental crisis.

What is the processing time of ILR application as an overseas media representative?

According to the Home Office UKVI website, a decision on your ILR application as an overseas media representative will be made within 6 months.

You’ll be contacted if your ILR application is complex and will take longer, for example:

  • if your supporting documents need to be verified
  • if you need to attend an interview
  • because of your personal circumstances (for example if you have a criminal conviction)

How can I challenge the refusal of my ILR as an overseas media representative?

If your application for ILR as an overseas media representative has been refused by the Home Office, UKVI, you can file an Administrative Review (AR) of the Home Office refusal decision within 14 days of the refusal decision date. The Home Office UKVI will review the refusal decision and decide the Administrative Review (AR) request within 28 days of receiving the Administrative Review (AR) request.

FAQs - ILR Sole Representative

How can I apply for ILR as a sole representative of an overseas business?

You can apply for Indefinite Leave to Remain (ILR) as a sole representative by completing an online application form.

Can I apply for ILR as a sole representative using Super Priority Service?

No, you cannot use Super Priority Service for ILR as a sole representative as Super Priority Service is not available for ILR as a sole representative. You can only use standard service for ILR as a sole representative.

When can I apply for ILR as a sole representative?

You can apply for ILR as a sole representative 28 days before completing 5 years residence in the UK with leave to remain as a sole representative. Your qualifying period can include time from the date your initial application for entry clearance was approved.

What are the eligibility requiremets for ILR as a sole representative?

You can apply for ILR as a sole representative of an overseas business if you meet the following eligibility criteria:

  • You have completed 5 years in the UK with UK visa as a sole representative of an overseas business;
  • You have met the requirements of a representative of an overseas business throughout the 5 year period and you should still meet all the requirements - this includes being employed throughout the period, for example by providing P60s for the last 5 years and pay slips for the last 3 months;
  • You should provide evidence to show you have established a branch registered as a UK establishment or subsidiary and generated business;
  • You should provide evidence to show that your employer is still be actively trading and remains centred overseas;
  • You have no more than 180 days outside the UK in any 12 months (known as ‘continuous residence’);
  • You provide proof that your employer still needs you to do your job;
  • You must not be in breach of immigration laws, except that any period of overstaying allowed under the Immigration Rules will be disregarded.

You should also:

Can I re-apply for ILR as a sole representative after the refusal of my ILR application?

You can re-apply for ILR as a sole representative after the refusal of your ILR application within 14 days of either the refusal of your ILR application or within 14 days of the Administrative Review (AR) decision against the refusal of your ILR application. Our expert team of immigration solicitors can help you prepare and file a fresh application for ILR as a sole representative after the refusal of your ILR application.

What is the absences criteria for ILR as a sole representative?

You cannot have had more than 180 days’ absences from the United Kingdom during any consecutive 12 month period within the 5 year period. You will need to list details of your absences from the United Kingdom, including the reasons for those absences, on your application form for ILR as a sole representative. You can include the time between your entry clearance being granted and you entering the United Kingdom as part of your continuous period. Absences between the date entry clearance is granted and the date you enter the United Kingdom are treated as an absence from the United Kingdom and will form part of the 180 days allowed within a continuous 12-month period. You do not need to provide evidence to demonstrate a period of absence between obtaining entry clearance and entering the United Kingdom.

For ILR application as a sole representative made after 11 January 2018, Home Office would consider absences from the UK on a rolling basis, rather than in separate consecutive 12-month periods. If your qualifying period includes leave granted before this date, any absences during that leave will be considered under the previous rules – in separate 12-month periods, ending on the same date as you make your ILR as a sole representative application.

For example, you apply for ILR as a sole representative on 30 June 2020. Your continuous period includes the following grants of leave:

  • One grant of leave from 1 July 2015 to 28 July 2018 – Any absences during this grant of leave will be considered in separate 12 month periods, ending on 30 June each year.
  • One grant of leave from 29 July 2018 to 30 June 2020 – Any absences during this grant of leave will be considered on a rolling basis. Home Office UKVI will not include any absences from the previous grant of leave when they assess this.

Work Related Absences Or Absences In Line With Annual Paid Leave

If any of your absences are in connection with employment or in line with annual paid leave you will need to provide a letter from the relevant employer detailing the purpose and period of absences, including periods of annual paid leave. You will need to provide this information for the full 5 year continuous period.

Absences Due To Serious Or Compelling Reasons

If any of your absences are due to a serious or compelling reasons, you must provide a personal letter which includes full details of the reason(s) for the absences and all relevant supporting documents in relation to those reasons - e.g. medical certificates, birth/death certificates, other information about the reasons which led to the absence from the United Kingdom.

Whatever the reason for absences from the United Kingdom, they will still be counted towards the maximum 180 days unless they fall under a specific exemption. This includes any absences for work reasons, or serious and compelling reasons.

Exemption Where Absences Are Not Considered

Your absences are not considered as part of the maximum 180 days where you have been absent from the United Kingdom assisting with a national or international humanitarian or environmental crisis.

What is the processing time of ILR application as a sole representative?

According to the Home Office UKVI website, a decision on your ILR application as a sole representative will be made within 6 months.

You’ll be contacted if your ILR application is complex and will take longer, for example:

  • if your supporting documents need to be verified
  • if you need to attend an interview
  • because of your personal circumstances (for example if you have a criminal conviction)

How can I challenge the refusal of my ILR as a sole representative?

If your application for ILR as a sole representative has been refused by the Home Office, UKVI, you can file an Administrative Review (AR) of the Home Office refusal decision within 14 days of the refusal decision date. The Home Office UKVI will review the refusal decision and decide the Administrative Review (AR) request within 28 days of receiving the Administrative Review (AR) request.

FAQs - ILR Tier 1 Entrepreneur

What are the useful online sources for information about ILR as Tier 1 Entrepreneur?

Following are the useful online sources of information for Indefinite Leave to Remain (ILR) as Tier 1 Entrepreneur:

Home Office UKVI Guidance On ILR As Tier 1 Entrepreneur

The Home Office UKVI guidance on Tier 1 Entrepreneur visa is a useful source of information for applicants who are considering to apply for ILR as Tier 1 Entrepreneur.

gov.uk logo

245F. Requirements For Indefinite Leave To Remain (ILR)

Paragraph 245DF in part 6A of the Immigration Rules lays down the requirements an applicant has to meet for ILR as a Tier 1 Entrepreneur.

gov.uk logo

OANDA Currency Coverter

OANDA Currency Coverter is the Home Officer UKVI approved currency converter to convert foreign currency to Great Britain Pounds (GBP).

Can I apply for ILR as Tier 1 Entrepreneur from outside the UK?

No, you cannot apply for ILR as Tier 1 Entrepreneur from outside the UK and an ILR application application can only be made from inside the UK.

What is the processing time of ILR application as Tier 1 Entrepreneur?

An application for ILR as Tier 1 Entrepreneur can only be made using a standard service under which an application for ILR as Tier 1 Entrepreneur is normally decided within 3 to 6 months. If your application is complicated, it may take longer.

What are the eligibility requirements for ILR as Tier 1 Entrepreneur?

You can apply Indefinite Leave to Remain (ILR) as Tier 1 Entrepreneur Migrant if:

  • You currently have a Tier 1 (Entrepreneur) visa
  • You must have created 2 jobs during your last grant of leave (10 jobs if you are applying under the accelerated route to settlement)
  • You must be a genuine entrepreneur
  • you’ve been living in the UK for 5 years, (or 3 years if are applying under the accelerated route to settlement)
  • You must not have been absent from the UK for more than 180 days in any 12 months
  • You must have passed the Life in the UK test
  • You must meet the English language requirement
  • Your application must not fall for refusal under the general grounds for refusal
  • You must mut not be in breach of UK immigration laws except where paragraph 39E of the Immigration Rules applies

What is the deadline to apply for ILR as Tier 1 Entrepreneur?

Existing Tier 1 Entrepreneur applicants can apply for ILR as Tier 1 Entrepreneur before 6 April 2025. However, Tier 1 Entrepreneur Migrant who switched from Tier 1 Graduate Entrepreneur can apply for ILR as Tier 1 Entrepreneur Migrant before 6 July 2027.

What is the points based criteria for ILR as a Tier 1 Entrepreneur?

Tier 1 Entrepreneur visa is a Points Based visa category and points can be awarded for the Attributes Section for the grant of ILR to the Tier 1 Entrepreneur Migrant. A Tier 1 Entrepreneur migrant should score 75 points in total from Attributes Section to qualify for ILR as a Tier 1 Entrepreneur. The breakdown of the required points for Tier 1 Entrepreneur ILR application is given in the table below:

Criterion Points

The applicant has invested, or had invested on his behalf, not less than £200,000 (or £50,000 if, in his last grant of leave, he was awarded points for funds of £50,000) in cash directly into one or more businesses in the UK.

The applicant will not need to provide evidence of this investment if they were awarded points for it in their previous grant of entry clearance or leave to remain as a Tier 1 (Entrepreneur) migrant (this includes the evidence to demonstrate that the investment was in a UK business).

20

On a date no earlier than 3 months before the date of application, the applicant was registered with:

  • HMRC as self-employed
  • Companies House as a director of a new or an existing company or member of a new or an existing partnership
20

The applicant has:

  • established a new business or businesses that has or have created the equivalent of at least 2 new full-time jobs for persons settled in the UK
  • taken over or joined an existing business or businesses and their services or investment have resulted in a net increase in the employment provided by the business or businesses for persons settled in the UK by creating the equivalent of at least 2 new full-time jobs

The jobs must have existed for at least 12 months of the period for which the most recent leave was granted or, where that leave was granted less than 12 months ago, for at least the 12 months immediately before the date of the current application.

20

The applicant has spent the specified continuous period lawfully in the UK, with absences from the UK of no more than 180 days in any 12 calendar months during that period. The specified period must have been spent with leave as a Tier 1 (Entrepreneur) migrant. The specified continuous period is:

  • 3 years, if the number of new full-time jobs created is at least 10
  • 3 years, if the applicant has:
    • established a new UK business with an income from business activity of at least £5 million during a 3 year period in which the applicant has had leave as a Tier 1 (Entrepreneur) migrant
    • taken over or invested in an existing UK business and their services or investment have resulted in a net increase in income from business activity to that business of £5 million during a 3 year period in which the applicant has had leave as a Tier 1 (Entrepreneur) migrant, when compared to the immediate preceding 3 year period
  • 5 years in all other cases
15
Total Points 75

How many jobs do I have to create for ILR as Tier 1 Entreprneur?

To succeed in an application for ILR as Tier 1 Entrepreneur, the applicant must show that he has created at least 2 new jobs. If the applicant established a new business or businesses or invested in an existing business, they must have created the equivalent of 2 extra full-time paid jobs for at least 2 people who are settled in the UK. Each job must have existed for at least 12 months. where the applicant is applying for ILR as a part of an Entrepreneurial Team, both team members can use the same evidence for creating employment.

A single job need not consist of 12 consecutive months (for example it could exist for 6 months in one year and 6 months the following year), providing it is the same job (different jobs that have existed for less than 12 months cannot be combined together to make up a 12 month period). The jobs need not exist at the date of application, provided they have existed for 12 months.

The jobs must comply with the UK regulations, including the working time directive. The Home Office defines full-time as a 30-hour working week.

What is meant by "the equivalent of" a full time job?

“The equivalent of” a full time job means two or more part time jobs which add up to 30 hours a week will count as one full time job, if both jobs exist for at least 12 months. However, one full time job of more than 30 hours work a week will not count as more than one full time job.

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