To settle in the United Kingdom (applying for indefinite leave to remain), you will need to complete a number of years that allows you to settle after a period. Settling in the UK as a dependant of a British National is normally after five years unless you are part of the transitional arrangements. However, if you are in a working category, you will need to show that you have been in continuous employment and living in the UK throughout the five years.
The changes to a number of policies mean you may able to combine certain categories and apply for indefinite leave to remain. To get some initial legal advice, call our team on 0207 237 3388 or e-mail us on email@example.com.
If the visa category you are in at the moment does not allow you to settle in the United Kingdom, for example the student category does not allow you to settle in the UK, and then you would need to switch into another category that allows you to settle.
However, if you have been in the UK for more than 10 years and have been in continuous residence, then you may be eligible to apply for settlement. Please read our section for long residency. Where you have been granted leave to remain based on your private life, you need to be in that category continuously for 10 years to be granted indefinite leave to remain.
You must not send the application more than 28 days before the end of your qualifying period. If you do, Home Office may refuse your application with no refund of the fee. However, you must make your application before your current permission to stay in the United Kingdom expires.
Statement of Changes from 12 November 2015
EEA nationals and their family members have to make a formal application to confirm their status of a permanent resident in the UK if they wish to subsequently apply for British Citizenship (before that it was voluntary and it was possible to apply straight for Citizenship). This would confirm that you do not have any restrictions of your stay in the UK.
Statement of Changes from 6 April 2015
Last Settlement also known as Indefinite Leave to Remain applications based on Tier 1 General will be in April 2018. If you cannot qualify until then, such as because of absences or a driving offence, you'd need to switch to another category. Call ICS Legal on 0207 237 3388 to get some detailed advice.
ICS Legal are able to apply for the Settlement also known as Indefinite Leave to Remain applications every week for same-day service for applicable categories.
ILR allows you to remain in the UK for an indefinite period, on condition you intend to remain present and settled here. If you leave the country for a continuous period of 2 years or more, it is usually deemed by the authorities that you are no longer present and settled, and you may have your ILR revoked.
Settlement also known as Indefinite Leave to Remain allows you to work without restriction in the UK. It allows you to exit and re-enter the country multiple times. You are free of immigration control.
You may wish to consider applying for Settlement also known as Indefinite Leave to Remain under any of the following circumstances:
Shortly prior to the expiry of a 2 or 5 year's marriage visa.
Tier 1 and Tier 2 visas.
Shortly prior to the expiry of a 5 year ancestry visa.
Once having held work permit status in the UK for 5 years.
Once having legally spent 10 years in the UK.
Once having spent continuous 5 years in UK as an investor.
Once having spent continuous 5 years in UK as a writer, composer, or artist.
Once having spent continuous 5 years in UK as a retired person of independent means.
Settlement also known as Indefinite Leave to Remain, if you qualify, contact us on 0207 237 3388 or complete our visa assessment form, by clicking here.