You can apply for ILR (Indefinite Leave to Remain) in the UK as a spouse of a British Citizen or one who is settled in the UK or one who has refugee status or humanitarian protection in the UK,once you have lived in the UK for 5 years continuously with leave to enter or remain as a partner. ILR 5 years rule – Have you spent 5 continuous lawful years in the UK? Take the case of Albert Dolbec, 90, a US citizen, who has been married to his wife Dawn, 84, for 25 years. PART 1. Indefinite Leave to Remain (ILR) is a form of settlement available to non-EEA citizens. We have many years experience in assisting migrants to obtain UK Indefinite Leave to Remain (ILR) visas, also known as settlement or permanent residence. UK Indefinite Leave to Remain (ILR) Overview. What are the eligibility requirements for ILR? Central London based OTS Solicitors are experts in Indefinite Leave to Remain applications and can advise you on the best and quickest way to secure Indefinite Leave to Remain. Indefinite Leave to Remain (Spouse/Marriage) The spouse or civil partner of a British citizen or permanent resident of the UK is able to apply for Indefinite Leave to Remain after living as a married couple for a period of 5 years (if you were given a spouse/fiancé visa after 9 July 2012). For international couples living in the UK, where one person is on a Spouse Visa, Indefinite Leave to Remain (ILR) equals security. So in effect, the applicant receives 5 years and 6 months leave to remain. In order to apply for an Indefinite Leave to Remain you will have to fulfill one of the existing forms, SET(M) or SET O form , depending on the type of visa under which you have been staying in the UK during the past years. Individuals on Tier 2 General visa can apply for indefinite leave to remain (ILR) to settle in the UK.. However, not every visa category is counted as “qualifying” for ILR. As an aside, if the parent is later able to meet the other requirements, they could apply to switch onto the five year track to settlement after they are granted leave. The requirements are that you have completed a period of 5 years in the UK, with a visa or permission to remain here in this category and that you are still the husband, wife or civil partner of the person specified in your visa. If you are in the UK under Highly Skilled Migrant Programme and if your HSMP was approved after 3 April 2006 you will be eligible for UK Residency or Indefinite Leave To Remain in the UK after 5 years. Indefinite leave to remain, otherwise known as “Permanent Residence” or “settlement”, is an immigration status granted to people who have shown a commitment to the UK on various temporary visas.. PART 2. Indefinite leave to remain after less than 5 years. It is a form of ‘settled status’, allowing the applicant to live, work or study in the UK without facing strict immigration restrictions. The parent will still need to meet the relationship and suitability requirements in order to be granted leave to remain within the Rules on the ten year track to settlement. If so, you may be eligible to apply for Indefinite Leave to Remain (ILR) and free of immigration control. An application for Indefinite Leave to Remain (ILR) can be made after 5 years continuous residence under the 5 years parent route. After five years in this visa category, a person can apply for Indefinite Leave to Remain. We list, below, some of the circumstances, but it is not an exhaustive list. You can apply for indefinite leave to remain after you have spent five consecutive years in the UK on your Tier 2 visa, as long as your annual income is no … Typically, you can apply for Indefinite Leave to Remain after five years in the UK. Indefinite Leave to Remain is the stepping stone to British Citizenship. Before the expiry of that five year period, Nora will be eligible to apply for indefinite leave to remain under the 10-year rule because she was on immigration bail and was then immediately granted leave. You can apply for Indefinite Leave to Remain after five years of being in the country legally. You can apply online via the government website. How to qualify for Indefinite Leave to Remain. If you apply for Indefinite Leave to Remain after 5 years, you will be granted many benefits when living in the UK. The extension of stay is granted for further period of 30 months under the parent route. E-ILRP.1.2. There are also a number of immigration routes which allow an applicant to secure indefinite leave to remain ILR after 5 years, but also have accelerated routes to settlement after 2 or 3 years: Tier 1 (Investor) Tier 1 (Exceptional Talent) Tier 1 (Entrepreneur) The application fees are as follows: £2,389 for the basic application; £50 for any additional persons included on the application; £50 for life in … To meet the eligibility requirements for indefinite leave to remain as a partner all of the requirements of paragraphs E-ILRP.1.2. There is a good reason for this as the consequences of not having an ILR can be terrible. Much depends upon whether you meet the requirements attached to any further visa application. One can obtain Indefinite Leave to Remain in a number of ways. Those granted refugee status will be eligible to apply at the end of their probationary periods. Humanitarian Protection normally means five years’ leave to remain in the UK and brings almost all of the same rights as Refugee Status.. One exception to these rights is the right to apply for a Refugee Convention travel document. You can apply for Indefinite Leave to Remain (ILR) as a parent of a British or settled child under the 5 years route once you have completed 5 years residence in the UK with leave to remain under the parent route (5 years route). Requirements For ILR As A Parent Under 5 Years Route ” A person who is eligible to apply for settlement (indefinite leave to remain) on a 5-year route, in an application made from 9 July 2012, should apply for indefinite leave to remain no more than 28 days before their extant leave expires or no more than 28 days before they have completed at least 60 months in the UK with such leave. Under the old immigration rules before 9 July 2012, you may be able to apply for indefinite leave to remain – settlement – after 6 years of discretionary leave to remain, including a discretionary leave to remain extension. The applicant will be able to apply for ILR 28 days before the completion of 5 years from the date of entry as you can count the 6-month entry clearance as part of the residence period. The normal qualifying period to obtain ILR is 5 years. Indefinite Leave to Remain solicitors. How can you qualify for an Indefinite Leave to Remain Visa or ILR Visa? Indefinite Leave To Remain in the UK or ILR UK after 5 years stay in the UK under HSMP if your HSMP was approved after 3 April 2006. There are a few ways to be granted Indefinite Leave to Remain (ILR) in the UK. Frequently Asked Questions #1 Can I get Settlement (ILR) after 5 years with a UK spouse? SET M Relationship Requirements & Supporting Documents Refugees can apply for indefinite leave to remain if they have had residence as a refugee for five years. Often it is the culmination of many years of hard work and diligent dedication to ensuring compliance with the strict visa rules in place. Super Priority Service For Switching Into Parent Route (5 Years Route) Typically, you need to have spent at least five years in the UK before you can apply for Indefinite Leave to Remain, though in certain circumstances you can apply after three years of residence in the UK. Tier 2 General visa holders need to have lived in the UK for a qualifying period of 5 years and fulfil several requirements such as minimum annual salary threshold and at the appropriate rate among others. You can apply to extend your spouse visa application when you have lived in the UK on the visa for 2.5 years. to 1.6. must be met. Need Help? This allows you to work in the UK, and provide you are earning above the salary threshold, you can apply for Indefinite Leave to Remain after 5 years. There are two ways to qualify for Indefinite Leave to Remain.You can either hold a UK Visa that makes you eligible to apply for an ILR Visa after five years of living on that visa category – for example, a Tier 2 (General) Visa, a UK Ancestry Visa, or a UK Spouse Visa, etc. In almost all cases, you can apply for Indefinite Leave to Remain after 5 years of residence in the UK. Re: Indefinite Leave to Remain - After 2 Years Post by Casa » Sat Feb 03, 2018 3:10 pm In which case, your husband would be unlikely to qualify for the other option of a Returning Resident visa. 1.1 Indefinite Leave to Remain Conditions; 2 Does indefinite leave to remain expires? How do I apply for Indefinite Leave to Remain in the UK after five years? After having spent 5 years in the UK you can apply to live permanently. 5 Can ILR be revoked if you divorce? You can also apply for Indefinite Leave to Remain as a Husband/Wife/Civil Partner of a British Citizen or a Settled person. The IAS can provide guidance and support through the application. Lawful residence can be under any category. Indefinite Leave to Remain (or ILR, for short) is the ultimate aim for many migrants to the UK. 3 Can I apply for British Citizenship immediately after obtaining Indefinite Leave to Remain ? In this blog we answer your questions on applying for Indefinite Leave to Remain after five years in the UK. She was granted five years of leave. Indefinite Leave to Remain Application Form. Every case will be subjected to a safe return review with reference to … Apply for Indefinite Leave to Remain After 5 Years. The specific amount of time depends on your particular immigration status. After five years of Refugee Status, you can apply for ILR, and after a year of ILR you can apply for British citizenship.. Humanitarian Protection. 4 Can you lose your British nationality after divorce? After studying in the United Kingdom on a Tier 4 visa you would need to secure a Tier 2 General visa and spend 5 years on a Tier 2 visa and only then you’d qualify for Indefinite Leave to Remain. First of all, to become a British national, you need 5 years lawful residence and need to be holding indefinite leave to remain for 12 months prior to the date of application. To meet the ILR 5 years rule requirements you must have: Been living and working in the UK continuously for 5 years; Applicants with ILR become eligible to apply for UK citizenship within 12 months of having been granted ILR status, dependent on meeting citizenship criteria. Nora’s appeal was eventually allowed after two years and she was recognised as a refugee. The application for Indefinite Leave to Remain (ILR) is made online using form SET (M). UK Ancestral Visa – completing five years on this immigration route. 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