How To Apply for ILR After Five Years

Indefinite Leave to Remain (ILR) is a form of settled status which overseas nationals can apply for after they have spent a certain period of time living in the UK.

In most cases, an individual will be able to apply for Indefinite Leave to Remain after they have spent five years living in the UK. This includes those who have been living in the UK under work visas, family visas and the Ancestry Visa.

You will need to fulfil certain requirements to be eligible for Indefinite Leave to Remain, which are explained in greater detail in this blog post.

A number of different UK visas and immigration permissions can lead to Indefinite Leave to Remain status after five years of UK residency.

This includes those who have been living in the UK under the following visas:

• Spouse Visa
• Unmarried Partner Visa
• Other Family Visa
• Skilled Worker Visa
• Minister of Religion Visa (T2)
• Sportsperson Visa (T2)
• Ancestry Visa
• Sole Representative of an Overseas Business Visa
• Global Talent Visa
• Dependents of routes listed above

Any time which you have spent in the UK under a visa or immigration permission or visa which is no longer in operation, may still qualify as reckonable residency towards Indefinite Leave to Remain status. This includes visas such as the Tier 1 Entrepreneur Visa and Tier 1 Exceptional Talent Visa.

Some individuals will be able to apply for Indefinite Leave to Remain after less than five years of UK residency.

This includes those who have been living in the UK under the Investor Visa and the Innovator Visa. Innovator Visa holders can apply for ILR after three years of UK residency, provided their circumstances haven’t changed significantly.

Investor Visa holders will be eligible for ILR status after three years of UK residency, or even two, depending on the level of their business activity in the UK.

Also, if you have lived in the UK under the Tier 1 (Exceptional Talent) Visa or Tier 1 (Entrepreneur) Visa for three years, you might be able to apply for ILR.

Do Any Visas Not Count Towards Minimum Residency Requirements?

Not all time spent in the UK counts towards minimum residency requirements for ILR. Short stay visas such as the Standard Visitor Visa and the Marriage Visitor Visa do not count.

Also, any time spent under the Student Visa does not count towards minimum residency requirements.

It’s always best to check if you are unsure. Speak to our legal team today by either calling 0121 667 6530 or emailing us.

One of the most fundamental ILR requirements is the ‘180 day rule’. This rule stipulates that you must not have left the UK for more than 180 days in a 12-month period if you want to apply for Indefinite Leave to Remain.

Short trips away from the UK do not break period of absence rules. Absences should be consistent with your immigration permission. For example, if you are working in the UK, your absences should in line with annual leave entitlement.

There are exceptions to the period of absence rules. If you have not been living in the UK due to ‘serious or compelling reasons’, the period of absence might be disregarded and deemed allowable.

A period of absence due to one of the following reasons should be deemed as permissible:

• Serious illness of the applicant or close relative
• A natural disaster
• A conflict
• Someone who has been sponsored to work abroad in a PhD level occupation
• Work undertaken overseas by certain full-time HM armed force reserve members

If you want to make a request for absences to be exempted, you will need to provide evidence support your claim. For example, you may need to provide medical certificates or evidence of disruption to travel arrangements.

If your absences relate to your employment, including annual leave, you will usually need to get a letter from your employer detailing the reasons for your absence.

If you have been living in the UK under an Innovator Visa or Investor Visa, you may not need to provide reasons for any absences from the UK if those absences did not exceed 180 days.

It is crucial that you calculate your continuous residency period correctly. Technically, the residency period can begin from the date your visa was issued rather than the date you actually entered the UK, provided that period was not longer than 90 days.

If this period exceeded 90 days, the days after the first 90 days will not be included in the residency period.

What are the Other Requirements for Indefinite Leave to Remain?

As well as the 180-day rule, you will also need to meet other requirements to be eligible for ILR:

• Must not have broken any immigration conditions or any laws whilst living in the UK
• Must be able to demonstrate that your English language ability is to at least the level of B1 as set by the Common European Framework of Reference for Languages
• Must achieve a pass in the Life in the UK test – this is a test on the history, traditions and culture of the UK

Bear in mind that you will not need to prove your level of English if you are from a majority English-speaking country. Also, those aged 65 or over do not need to prove their level of English.

What About Dependants?

Children who are under 18 can apply for Indefinite Leave to Remain if one of their parents holds ILR status, regardless of the length of time they have spent in the UK.

If your family members are in the UK under a dependant visa, they must apply for ILR at the same time as you.

Before you apply for Indefinite Leave to Remain it is important to establish whether you are eligible or not. As well as the rules around your continuous residency period, it is vitally important that you can demonstrate an adequate level of English and that you have passed the Life in the UK test.

The two ILR application forms are:

• Form Set (M) if applying on basis of being a spouse/civil partner, long-term partner or child of somebody already settled in the UK
• Form Set (O) for all other applications

The Indefinite Leave to Remain application fee is currently £2,389. You will need to take into account costs for English language tests and your Life in the UK test too.

As part of the application process, you will need to provide certain documents and information including your passport, birth/adoption certificate, financial information, information regarding your periods of absence and your immigration history.

Birmingham Immigration Lawyers offer expert assistance to those who are looking to apply for Indefinite Leave to Remain.

We can help you to secure your settled status in the UK and enjoy a new life free of immigration restrictions.

Call us now on 0121 667 6530 to find out more.

Birmingham Immigration Lawyers is a leading immigration law firm that takes pride in the service it offers to the people in the West Midlands and all over the UK.

We have an array of legal expertise such as immigration, citizenship, settlement in the UK, employment law and we also help corporate clients with many legal matters.

We can help you with the process of ILR  and the applications. Whatever your situation is, whatever your goal is, Birmingham Immigration Lawyers can help you!

To find out more about how we can help you, please call us now on 0121 667 6530, or email us on: info@birmingham-immigrationlawyer.co.uk

If you want to apply for indefinite leave to remain after 5 years, you probably have many questions.

Below you will find some answers to some common questions, but if they are not applicable to you, and you need help, contact our legal team today on 0121 667 6530, or email us on: info@birmingham-immigrationlawyer.co.uk

1. Can I Apply For ILR After 5 Years On Tier 2 Visa?

If you hold a Tier 2 or Skilled Worker visa, you might qualify for Indefinite Leave to Remain (ILR) once you’ve resided in the UK for five-year span continuously. You can submit your ILR application no sooner than 28 days prior to hitting the five-year eligibility mark.

2. Can I Apply For Indefinite Leave to Remain After 5 Years On Spouse Visa?

Upon completing 5 years in the UK on a spouse visa, you can qualify to submit an application for Indefinite Leave to Remain (ILR). Acquiring ILR allows you to reside and be employed in the UK without any limitations imposed by immigration laws.

3. Is Life In The UK Test Required For ILR?

Passing the Life in the UK test is essential for qualifying for Indefinite Leave to Remain (ILR) in the UK. To meet the eligibility criteria for ILR, it’s compulsory to demonstrate that you have successfully completed the Life in the UK test.