Wednesday, 4 January 2017

How To Decide When To Apply For UK Permanent Residency?

Getting “Indefinite Leave to Remain” as an immigration status is a significant achievement for people wishing to stay in the UK. It is the permission to settle in the UK after you have been legally residing in the UK for a stipulated amount of time. Your right to apply for settlement will depend on your current immigration category.

You must meet all the criteria of the Immigration Rules at the time of making your application. Please note that the Immigration Rules are subjected to change. ILR applicants who want to settle in the UK are required to show that they have an adequate knowledge of the English language as well as living in the UK.

ILR is the right to live in the UK indefinitely, with no time restrictions or limits on business activity, employment or study.

An application for ILR (Indefinite leave to remain) must be submitted to the UK Border Agency prior to an applicant's permission expiring. We also have a number of fast track slots available to guide clients with the same day service for which an application fee is required.

Indefinite Leave to Remain is also one of the qualifying criteria that must be met if the person wants to become a British Citizen (naturalization). The visa criteria depends upon the application. The more common applications for ILR are:

- Employment (Tier1 General, Tier2, Work Permit)
- Self-Employment (HSMP, Tier1 General)
- Long Stay
- Marriage, Civil Partnership or Unmarried Partners.
- Ancestry - Some kind of Investment (Tier1 Investor)
- UK Business Activity (Tier1 Entrepreneur)

Indefinite Leave to Remain can also be considered on the basis of time spent in the UK in one of the following immigration categories:

- Writer, composer or artist
- Self-employed lawyer
- Businessperson
- Parent, grandparent of other dependant relative over the age of 18
- Victim(s) of domestic violence
- Retired person of independent means
- Sole representative of an overseas firm
- Bereaved partners
- Turkish nationals applying under the EC association agreements
- Refugee - Discretionary leave to remain
- Humanitarian protection
- Exceptional leave to remain
- Leave outside of the Immigration Rules

Employment which does not require a work permit:

- Minister of religion, missionary or member of a religious order
- Representative of an overseas newspaper, news agency or broadcasting organization
- Private servant in a diplomatic household
- Overseas government employee
- Member of the operational ground staff of an overseas-owned airline
- Domestic worker in a private household

While filling an application for any of the above categories, the applicant must meet all the stipulated criteria which may also include providing documents of employment activity in the UK during their stay.

ILR applicants are required to show that they do not have any convictions and are law abiding individuals. Applicants or dependants who fail to meet this criteria will most likely be rejected. A conviction becomes 'spent' after a specified rehabilitation period. This time depends on the conviction that is applicable and the duration of incarceration imposed by the authorities.

If you wish to apply for Indefinite Leave to Remain, it is advisable that you seek specialized professional advice beforehand to ensure that your case meets the necessary governmental criteria. An expert legal advisor with deep domain experience is best suited to guide you through the entire procedure.

For a consultation regarding Indefinite Leave to Remain and to correctly ascertain your eligibility for ILR please email:

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