Indefinite Leave to Remain(ILR) Solicitors – What is Settlement?


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One can apply for settlement in the UK once they have completed a certain period of time in which they have lived lawfully in the UK. The length of time will depend on the immigration category and the requirements under each category varies.

Apply to settle in the UK on the basis of long residence

One can apply to settle in the UK if they have been living in the UK legally for 10 years continuously. Once you have obtained indefinite leave to remain you can remain in the UK without any time restrictions. You must meet the eligibility requirements in order to qualify. The eligibility requirements are that you have been legal in the UK for 10 years and if you are aged 18-65 you must pass the Life in the UK Test and must pass an English language test. You should not be away from the UK for more than 180 days at one time, and not more than 540 days during the 10 years. You must be of good character. The application form to use is SET(LR).

Settlement as a refugee

You can apply to settle as a refugee if you have been living in the UK as a refugee for five years or as someone with Humanitarian Protection. The application form to complete is form SET(Protection routes) and there is no fee for applying for settlement in this category.

Settlement as an EU national

EU nationals can apply for a permanent residence document if they have lived in the UK for five years and been exercising treaty rights. Family members of someone from the European Union can apply at the same time. You do not need a document to confirm your residence status in the UK at the present time. The Home Office states that there will be a new scheme available for EU citizens and their family members to apply to stay in the UK after the UK leaves the EU. You must provide evidence that you have been a qualified person in the UK for five years by studying, working, being self-employed, self-sufficient or looking for work. The Home Office provides guidance notes as to the documents that need to be submitted with the application form EA(PR).

Settlement under the Tier points based system

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Tier 1 entrepreneur

If you have lived in the UK under a Tier 1 (Entrepreneur Migrant) Visa for five years, you can apply for settlement providing that you can prove that you have established, taken over or become a director of a business in the UK and operated that business, whilst having a Tier 1 Entrepreneur Migrant Visa. You have to demonstrate that you invested the money in a business in the UK and that you intend to continue operating the business in the UK. You should not be absent from the UK for more than 180 days in any 12 months during the relevant period and you must have sufficient knowledge of the English language and life in the UK unless you are under the age of 18 or over the age of 65. The form to be completed is SET(O).

Permanent residence as a Tier 1 (Investor)

In order to apply for indefinite leave to remain you have to satisfy all the requirements of paragraph 245E-F and you must show that you have spent five years lawfully in the UK working and living as a Tier 1 Investor Migrant and that you have maintained your investment in the UK of £2m throughout the relevant period. You should not be absent from the UK for more than 180 days in any 12 months during the relevant period and you must have sufficient knowledge of the English language and life in the UK unless you are under the age of 18 or over the age of 65.

Applicants normally become eligible for indefinite leave to remain after five years continuous residence, but if the level of investment is higher the period to settlement will be shorter.

Indefinite leave to remain as a Spouse under Appendix FM

In order to apply for indefinite leave to remain as a partner of a British national, one has to demonstrate that you have been the spouse or civil partner or unmarried partner of a British national for five years. You must demonstrate a sufficient knowledge of the English language. The exception to the five years rule is if you are a victim of domestic violence. A victim of domestic violence can apply for indefinite leave to remain before the five year period, if they make a valid application for indefinite leave to remain as the victim of domestic violence and they can demonstrate that the first grant of limited leave to remain was under Appendix FM and they have been the partner of a British citizen or a person settled in the UK and that during the last period of limited leave their relationship broke down permanently as a result of domestic violence. The application form is SET(M).

 

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We appreciate that Immigration Law can seem complex and confusing – if you would like us to help you with an application or an appeal, or you would like some general advice, call us on 020 7267 4133. Danielle will only charge you for the first consultation if you decide to become her client and if she can assist you. Please call or contact us to discuss your queries or to schedule an appointment.