UK Visas - Indefinate Leave to Remain (ILR/Permanent Residence)

Indefinite Leave to Remain which is also referred to as ‘permanent residence’ is granted to a migrant when they become ‘settled’, which means there are no restrictions on the duration of their stay and their access to public funds.
Indefinite leave to remain is normally granted to the following categories of migrants although this is not an exhaustive list and you can contact us on 01463 239011 to discuss your unique situation:

  • Spouses or unmarried partners of British citizens or persons settled in the UK on completion of a 5 or 10 year Family route to settlement if 2 periods of 30 months leave or 4 periods of 30 months respectively with leave in the UK as a partner.
  • EU Nationals and their family members/dependents on completion of 5 years exercising qualified rights.
  • UK Ancestry – on completion of 5 years residency
  • Long residence (Lawful) - for those who do not qualify under any specific category but have lived lawfully in the UK for a continuous period of ten years;
  • Long residence (Unlawful) - for those who have lived in the UK continuously for 20 years regardless of whether they are have lived here unlawfully.

All applicants for indefinite leave to remain (other than EU nationals) must pass the Knowledge of Life in the UK test or if applicable the equivalent ESOL test in order to apply for settlement, they must also ensure they have no unspent convictions this includes traffic offences.

Applications for Returning Residents to the UK

If away from the UK for more than 2 years you can apply for a Returning Resident Visa to live in the UK if you were previously settled within the UK with Indefinite Leave to Remain.  With reference to your application any decision made would be a matter for the Immigration Authorities.  We can however assist you in making your application to try to give you the best possible outcome.  Please call our team today on 01463 239011.

Applying for Naturalisation

You can apply for naturalisation in general if you meet the following conditions:

  • If you are 18 or over;
  • You are of good character, i.e. no serious or recent criminal records and
  • You have not deceived the Home Office, or
  • Been involved in any immigration offences within the last 10 years;
  • You will continue to reside in the UK;
  • You have met the knowledge of life in the UK requirements;
  • You meet the residence requirement.

Prior to making the application you should normally have:

  • Lived in the UK for at least 5 years before applying.
  • Not spent more than 450 days outside the UK during the last 5 years.
  • Not spent more than 90 days outside the UK during the last 12 months.
  • You have been granted Indefinite Leave to Remain (ILR)/Permanent Residence, i.e. with no specified date to leave the UK.
  • You have not broken any immigration laws whilst being in the UK.

Alternatively, you may consider applying for British Citizenship if your Spouse is a British Citizen.

Applying for British Citizenship

You can apply for British Citizenship as the spouse of a British Citizen if, in general, you meet the following conditions:

  • If you are 18 or over;
  • You are of good character, i.e. no serious or recent criminal records and
  • You have not deceived the Home Office, or
  • Been involved in any immigration offences within the last 10 years;
  • You are of sound mind, i.e. you have mental capacity;
  • You have met the knowledge of English and life in the UK requirements;
  • You have been granted Indefinite Leave to Remain/Permanent Residence in the UK;
  • You meet the residence requirement.

Prior to making the application you should normally have:

  • Lived in the UK for at least 3 years before applying.
  • Spent no more than 270 days outside the UK during the last 3 years.
  • Spent no more than 90 days outside the UK during the last 12 months.
  • You have not broken any immigration laws whilst being in the UK.

Please call us now to discuss any aspect of your personal situation.  Whilst the ultimate decision is at the discretion of the Immigration Authorities, we can help you to ensure that you make the most appropriate application with the best possible chance of success the first time around. Call us today on 01463 239011.

Christmas and New Year Holidays

Please note that the office will be closed from noon on 21st December 2017 and reopen on Monday 8th January 2018. 

You can e-mail your enquiry by clicking here and we will contact you as soon as possible on Monday 8th January 2018 to discuss your matter further and see how we can help you.

Wishing you a Merry Christmas and best wishes for the New Year.

Our Location
Office Location
1st Floor, 46 Church St Inverness IV1 1EH | Tel: 01463 239011 | Fax 01463 239055 | DX: IN14 INVERNESS | info@greyandcosolicitors.co.uk
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