BEFORE YOU LEAVE

Family Route leading to ILR

The Family categories that lead to Indefinite Leave to Remain (ILR) in the UK are the following:-

UK Partner Visa

Applicants who are either a Spouse or Civil Partner or Unmarried Partner of a UK citizen or a person who is settled in the UK will be eligible to apply for Indefinite Leave to Remain in the UK after they have spent in the UK for two (2) years (if initial partner visa was applied prior to 9

Applicants over the age of 18 years and under the age of 65 years are required to meet a Knowledge of Language and Life in the UK test and to have speaking and listening qualification in English at B1 CEFR or higher, or its equivalent.

Furthermore, applicants must not fall for refusal under the general grounds for refusal.

PBS Dependant

Applicants can apply for settlement if they have spent a continuous period of two (2) years lawfully in the UK as a PBS Dependant visa if initial application was applied prior to 9^th July 2012 or five (5) years if applied on or after 9^th July 2012. Their relationship is subsisting and they have lived together with their partner for the qualifying period. They should also intend to live together permanently as partners.

Applicants over the age of 18 years and under the age of 65 years are required to meet a Knowledge of Language and Life in the UK test and to have speaking and listening qualification in English at B1 CEFR or higher, or its equivalent.

Furthermore, applicants must not fall for refusal under the general grounds for refusal.

EEA Family Permit

Applicants who have lived in the UK for a continuous period of five (5) years with the EEA or Swiss national (who must have been in employment, self-employment, studying or self-sufficient in the UK throughout the five (5) years), they may be eligible for permanent residence in the UK or the indefinite leave to remain. Their relationship is subsisting and they have lived together with their partner for the qualifying period. They should also intend to live together permanently as partners.

Visa Entitlements

Successful applicants will be allowed to stay in the UK for the full length of their course, and for some time (depending on the type and length of their course) after their course finishes.

FAQ

• How many days am I allowed to stay outside UK to apply for ILR?

  • While applying for ILR as a UK Partner visa or PBS Dependant visa, the Immigration Rules do not say that applicant must have been in the UK for the entire five (5) years or two (2) years of their visa.  The Home Office will decides each individual cases on its merits, taking into account the reasons for travel, the length of the absences, and whether the applicant and their partner travelled and lived together while they were outside the UK. If they have spent a limited time abroad in connection with their job, for example, this should not count against them.

• Can I combine the time spent as a PBS dependant and partner of settled person together?

  • Applicants who was initially granted visa as a partner of the Relevant Points Based System Migrant and subsequently granted visa as a Partner of a settled person or British Citizen can combine the time together spent on both the categories of visa towards their qualifying period for ILR.

• When PBS dependent children apply for ILR?

  • Dependent children will only qualify for Indefinite Leave to Remain (ILR) in the UK provided that both of an applicant's parents must either be lawfully settled in the UK, or being granted indefinite leave to remain at the same time as the applicant, unless:

    • The Points Based System Migrant is the applicant's sole surviving parent, or
    • The Points Based System Migrant parent has and has had sole responsibility for the applicant's upbringing, or
    • There are serious and compelling family or other considerations which would make it desirable not to refuse the application and suitable arrangements have been made for the applicant's care, or
    • One parent is, at the same time, being granted indefinite leave to remain as a Relevant Points Based System Migrant, the other parent is lawfully present in the UK or being granted leave at the same time as the applicant, and the applicant was granted leave as the child of a Relevant Points Based System Migrant under the Rules in place before 9 July 2012.
• Can I give an ESOL test instead of ‘Life in the UK test’?

  • Applicants, who are an English speaker, must pass the 'Life in the UK test' and who are not an English speaker, must pass a course in English for speakers of other languages (ESOL) which contains citizenship materials.

• What is Criminality requirement of ILR?

  • From the 1^st October 2012, certain immigration and nationality decisions were exempt from s4 of the Rehabilitation of Offenders Act 1974. As a result, the concept of a conviction becoming "spent" no longer applies when making an assessment of good character.  The Good Character or Criminality test is applied to all persons over the age of ten (10) year. 

    Some of the following issues that are considered against the ‘Good Character’ requirement are -

    • They have not respected, and/or are not prepared to abide by the law; or
    • They have been involved in or associated with war crimes, crimes against humanity or genocide, or other actions that are considered not to be conducive to the public good ;
    • Their financial affairs were not in appropriate order; or
    • Their activities were notorious and cast serious doubt on their standing in the local community; or
    • They had been deliberately dishonest or deceptive in their dealings with the UK Government;  or
    • They have assisted in the evasion of immigration control; or

     

• What is my immigration status while my application is pending?

  • If applicants submit their application before their authorised stay ends, their existing immigration status will continue until their application is decided, even if the decision is not made until after the end of their permitted stay. Applicant can continue to work until their case is decided if the conditions of their existing leave allow them to do so.

• Biometric Requirement

  • Foreign nationals from outside the European Economic Area making certain applications to the Home Office have to apply for a biometric residence permit. This applies to both postal applications and applications made in person (known as ‘premium applications’). The biometric residence permit is a residence permit which holds a migrant’s biographic details (name, date and place of birth) and biometric information (facial image and fingerprints), and shows their immigration status and entitlements while they remain in the UK. This also means that a UK visa will no longer be stamped in applicant’s passport and all applicants will be issued one of the new Biometric visa cards instead.  These cards look very similar to a (pink) UK driving license except they have a microchip on the back.

    Applicants who wish to extend their stay in the UK by post, the Home Office will send them a letter asking them to enrol their biometrics after the Home Office have received their application. Applicants will be able to enrol their biometric information one of the Post Offices offering this service across the UK using their walk-in service.

    Applicants who are submitting their application in person can do this at one of the Public Enquiry Offices by using the premium service. Applicants will enrol applicants’ biometric information at the same time as making their application.

    For application submitted overseas, the applicants have to provide their biometric enrolment at one of the Visa Facilitation Centres. Successful applicants will receive a 30 day ‘vignette sticker’ in their passport instead of a vignette with the full grant of leave. This 30 day visa will be the date they indicated as their intended travel date in their visa application. Applicants will be required to collect their BRP from the Post Office branch detailed in their decision letter within ten days of arrival in the UK. The Post Office branch is linked to the postcode that they submitted in their visa application. The BRP card can then be used as proof of right to work, study and access public services in the UK.

• Government Fees

  • Home Office fees for Indefinite Leave to Remain Application
    	Postal	Super Priority Service	Overseas
    Main Appplicant	£2,389.00	£3,189.00	N/A
    Partner & Child (<18years), applying together	£2,389.00	£3,189.00	N/A
    Partner & Child, applying later	£2,389.00	£3,189.00	N/A

• Our Fees

  • Service	Fees (GBP)
    Manage your application	£150
    Standard or Postal- Full representation service	£800
    Super Priority Service - Minus Representation	£950
    Super Priority Service- Full Representation	£1,200
    Document Verification Service	£250
    Telephone Consultation	£100 per/hour
    Face to Face consultation	£100 per/hour
    Form Filling Service	£150 per application
    * For full description of the services, please refer to our 'Services' section on our website.

     

• Processing Times

  • In line with the Home Office service standards for processing UK visa applications, they decide 95 per cent of settlement applications within 12 weeks of the application date and 100 per cent within 24 weeks of the application date.

    Applicants apply for the Same Day at one of Public Enquiry Office (PEO) in the UK; the application is normally decided on the same day.