Life

Long Residence as A Basis for Indefinite Leave to Remain

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Based on the tenure of long residence in the UK, one can apply for indefinite leave to remain that is ILR for 10 years.

Those people who have migrated to the UK, and have lived there for 10 years continuously and lawfully under any UK visa, or a combination of UK visas may qualify for ILR on the 10 years basis.

Apart from this any applicant will be further needed to show their knowledge of English at B1 CEFR level and pass the Life test in the UK amongst various other requirements for an application to be successful. Applications usually take a 6month tenure to get acceptance.

What is the general overview of the ILR?

 When one applies for ILR, various visas can be used for their stay like the Post-study work visa, Tier2 (general work) visa, Global talent visa etc.

There are very strict rules that account for what is a continuous and legally abiding stay as long residence in the UK. One should not have been 18 months in total outside the United Kingdom during this entire period of 10 years. On any occasion also, one should not have spent more than six months outside the United Kingdom.

What are the requirements for ILR based on long residence in the UK?

 Certain requirements need to be fulfilled for one to become eligible for ILR

  • One should have lived abiding by all laws in the UK for a continuous period of 10 years
  • One must have passed the Life UK test to prove their proficiency in English language skills
  • They should not have breached any of the immigration laws and must have maintained all the terms of the UK visa
  • Other factors that are considered are one’s personal history, one’s age, one’s relationship with the UK

What does legally abiding long residence in the UK mean?

By saying 10 years of continuous law-abiding stay in the UK, one means that-

  • A person must not have gone out of the UK for more than a period of 18 months that is 540 days in total
  • They should not have left the United Kingdom without any clear evidence or any clear intention of not returning to the UK
  • They should not have been refused to remain or enter the UK within a relevant period
  • They should not have been deported or removed from the United Kingdom during the continuous 10 years period

What is the English language proficiency required for ILR?

 English language requirements are fulfilled for the ILR category besides the long residence in the UK for indefinite stay when

  • One can speak and listen to English at a proficiency level of B1
  • The degree must have been taught or researched in English
  • They should be a national of an originally English-speaking country

 When should one apply for ILR based on long residence in the UK?

Before the expiry of one’s current leave, one should apply for ILR. It has to be done 28 days before the completion of the qualifying period.

The qualifying period starts from the Visa date on which one entered the UK or on the date where one was granted permission to remain in the UK

The application must be sent well in advance to avoid any delay if the application is refused.

What are the documents required for ILR based on long residence in the UK?

 In general, there are a list of documents that one must carry when applying for the ILR-

  • Passport or a valid travel identification
  • Biometric residence permit or BRP if one has it
  • Two passport size photographs which should be identical
  • Registration certificate from the police If one has it
  • Any other supporting documents with the application

How long does the process take?

It usually takes six months for the decision making of the application. Time depends on the circumstances of the application.

Would I need any external help?

UK law for immigration is dynamic and complex. There are strict criteria followed by the UKVI based on different criteria for the visa. Thus, it is essential to be advised by the best solicitors of the UK for ILR based on long residence in the UK. Always look for best solicitors who are-

  • A competitive but pricing which is fixed
  • A solicitor who can be communicated directly 
  • A solicitor who is dedicated to the ILR work
  • Always go to solicitors who can provide expert quality advice
  • Choose a solicitor who has a high success rate

What are the recent immigration schemes of the UK?

The UK has recently changed its immigration policies by partnering with various countries and launching various schemes. It has in its immigration news, introduced a point-based immigration system that will be treating the Non-Europeans and the Europeans equally. This is done to attract people who can contribute to the country’s economy.

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