The term ‘settlement’ means that the applicant can stay in the UK without any time restrictions. Indefinite leave to remain (ILR) is an immigration status granted to a person who does not hold the right of abode in the United Kingdom (UK) but is permitted to stay in the UK without any time limit and is free to take up employment or study, without restriction. It is to be noted that Indefinite leave is not a permanent status. It lapses where the holder has stayed outside the United Kingdom for a continuous period of more than two years
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Indefinite Leave to Remain (ILR)
An Indefinite leave to Remain (ILR) can be granted to applicants in various visa categories. There are several categories within which to apply for an ILR. Applicants can use form SET (O) to apply for the ILR if they have been in the UK as a/an:
|Work permit holder||Tier 1 (Entrepreneur) migrant, accelerated|
|Work permit holder – dependant||Tier 1 (Exceptional Talent)|
|Employment not requiring a work permit||Tier 1 (Investor) migrant|
|Investor||Tier 1 (Investor) migrant, accelerated|
|UK ancestry||Tier 2 migrant|
|Bereaved partner||Other purposes/reasons not covered by other application forms|
|Highly skilled migrant under the terms of the HSMP indefinite leave to remain (ILR) judicial review policy document||PBS Dependant|
|Tier 1 (General) migrant||Biometric immigration document|
(Biometric Residence Permit (BRP))
|Tier 1 (Entrepreneur) migrant|
At The SmartMove2UK, our UK Immigration experts have helped hundreds of clients apply for their Indefinite Leave to Remain (ILR). You can contact us if you are seeking legal help from UK visa consultants in relation to applying for your ILR.
ILR – 10-year Long stay
UK Immigration rules recognise that applicants who have resided in the UK for longer periods of time would have formed ties to the UK. According to UK Immigration rules, a person who has completed 10 years of residence in the UK can apply for an indefinite leave to remain (ILR) on this basis. For the purposes of ILR under the 10-year long residence category, the residence in the UK must be both continuous and lawful.
Continuous residence means that the residence in the UK was for an unbroken period. 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.
It may be appropriate for the UKVI to exercise discretion in certain cases.
You can contact us if you are seeking legal help from UK visa consultants in relation to applying for your ILR based on your 10-year stay in the UK.
ILR – Victim of Domestic violence
UK Immigration rules allow for the ILR to be granted to certain people who have limited leave to enter or remain, or have an extension of stay, in the UK as the spouse, unmarried partner, registered civil partner or same-sex partner of a British citizen or person present and settled in the UK. This is an opportunity to applicants whose relationships have genuinely broken down, due to domestic violence, during their probationary period of leave, to be granted an indefinite leave to remain (ILR).
Domestic violence is classed as any incident of threatening behaviour, violence or abuse (psychological, physical, sexual, financial or emotional) between adults who are or have been intimate partners or family members, regardless of gender or sexuality. An adult is someone who is 18 years or over. The legal definition of injury is when any harm is done to a person by the acts or omissions of another.
Knowledge of language and life in UK test is not required for victims of domestic violence. Applicants are exempt from fee payments if they meet these conditions.
If you are a victim of domestic violence and would like to evaluate your options to remain in the UK, you can book an appointment for a consultation with our UK qualified Solicitors. You can contact us if you are seeking legal help from UK visa consultants in relation to applying for your ILR based on Domestic violence.
ILR – Bereaved Partner
Applicants can apply for settlement in the UK if they currently have temporary permission to stay as the husband, wife or civil partner of a person present and settled here who has died; or have temporary permission to stay as the unmarried or same-sex partner of a person present and settled here who has died, and the applicant and sponsor were still living together and intending to live permanently together at the time of their death. The Immigration rules require that the applicant’s partner must have been present and settled in the UK when they died.
However, these Rules are not applicable to fiancé(e)s and proposed civil partners.
You can contact us if you are seeking legal help from UK visa consultants in relation to applying for your ILR as a bereaved partner.