BEFORE YOU LEAVE

Work Route leading to ILR

Under the work or business categories leading to Indefinite Leave to Remain UK or ILR visa UK, an applicant must have a continuous residence (normally 5 years) of continuous residence to be eligible to apply for settlement visa UK. It is the last step for any non UK national/citizen to be eligible to apply for a British Citizenship.

The work or the employment categories that lead to Indefinite Leave to Remain UK or ILR visa UK includes the following:-

Tier 1 (General) Migrants

Applicants under the Tier 1 (General) category, to be eligible for Indefinite Leave to Remain UK or ILR visa UK, must spent five (5) years continuous residence in the UK and meet the either 75 points (if the initial application was applied prior to 19^th July 2010) or 80 points (when the initial application was applied after 19^th July 2010).

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

Tier 2 (General) Migrants

Applicants under the Tier 2 (General) category, to be eligible for Indefinite Leave to Remain UK or ILR visa UK, must spent five (5) years continuous residency in the UK. They must be still required by their sponsor and they are paid at or paid at or above the appropriate rate for the job as stated in the codes of practice for Tier 2 sponsors.

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

Tier 1 (Entrepreneur) Migrants

Applicants holding a Tier 1 (Entrepreneur) Visa for a total of three (3) years (if applicants have created 10 jobs for the resident workers and have turnover of £5 million) or five (5) years, applicants may be entitled to apply for Indefinite Leave to Remain UK or ILR visa UK . They must also meet relevant points in the investment and the business activity attributes.

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.

Tier 1 (Investor) Migrants

Applicants who are investing £10 million will be eligible to settle in the UK after two (2) years; with £5 million investment will be eligible to settle in the UK after three (3) years; and with £1 million investment will be eligible to settle in the UK after five (5) years. They must also meet the points in the Assets and investment attributes.

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

Sole Representative Visa

Applicants under the Sole Representative Visa category, to be eligible for Indefinite Leave to Remain UK or ILR visa UK, must spent five (5) years continuous residency in the UK. They must be still required by their employer, provide evidence to show they have established a branch registered as a UK establishment or subsidiary and generated business and their employer must still be actively trading and remain centred overseas. 

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

Ancestry Visa

Applicants under the Ancestry Visa category, to be eligible for Indefinite Leave to Remain UK or ILR visa UK, must spent five (5) years continuous residency in the UK. They must still meet the UK ancestry requirements and they have stayed employed or seek further work.

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

FAQS

• What are the required documents for an Indefinite leaving to Remain UK or ILR Visa UK? v

  • The following are the required documents for Indefinite Leave to Remain UK or ILR Visa UK, although this list is by no means exhaustive:
    
    

    • Proof of your identity;
      
      
    • Previous passports or travel documents that you have held during your stay in the UK;
      
      
    • Proof of your dependants, if any –marriage certificate, birth certificate;
      
      
    • Evidence of your relationship, i.e. either through marriage or civil partnership or living together in a relationship for at least 2 years;
      
      
    • Proof of your English language requirement;
      
      
    • Pass certificate for the life in the UK test;
      
      
    • Evidence of your finances to show that you have sufficient funds to maintain yourself and your dependants without any recourse to public funds;
      
      
    • Police registration certificate, if applicable.
      
      
    • Evidence of your accommodation;
      
      
    • Evidence in support of any absences from the UK, for example, a letter from your employer confirming your absences, annual leave, working pattern;
      
      
    • The translation of any document that are not in English or Welsh.
      
      
      In addition to these above documents, you will also require to provide following information at the time of submission of Indefinite Leave to Remain UK or ILR Visa UK application:
      
      
    • Details of any previous immigration applications, if any.
      
      
    • Details of any civil or criminal offenses including traffic contravention, if any.
      
      
    • Details of any dependants, if any.
      
      
    • Details of all the absences from the UK, if any.
      

• Which form do I need to apply for Indefinite Leave to Remain UK or ILR visa UK? v

  • If you and wish to apply for Indefinite Leave to Remain UK or ILR visa UK via work or business categories, you need to complete the application process online using the following form:-

    Current Immigration stutus or UK visa	Online Application Form
    Tier 2 General	SET (O)
    Tier 1 Entrepreneur	SET (O)
    Tier 1 Exceptional Talent	SET (O)
    Tier 1 Investor	SET (O)
    PBS Dependant Visa	SET (O)
    Ancestry Visa	SET (O)
    Sole Representative	SET (O)
    Dependent children under the age of 18	SET (O)
    Dependent children aged 18 or over where they were initially granted leave in this category at a time when they were under 18	SET (O)

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

  • In order to meet the continuous residence requirement of Indefinite Leave to Remain UK or ILR visa UK, applicant should not be outside UK for more than 180 whole days in any of the five consecutive 12 month periods, preceding the date of the application for Indefinite Leave to Remain (ILR). Only whole days away from the UK will be counted towards the absence calculation. Part day absences, for example, less than 24 hours, are not counted.The specified continuous period is counted backwards from the date of the ILR application.

    For example, if the date of application is 1^st December 2018, the 12 months period would start from 1st December 2018 to 31^st December 2017 and every consecutive year counting backwards.

• Allowable absences for ILR UK v

  • Applicants under Tier 1 category, Anucersty visa, PBS Dependants applying for Indefinite Leave to Remain UK or ILR visa UK, there is no requirement to give a reason for absences if they do not exceed 180 days in a consecutive 12 month period. For other categories including Tier 2 General absences must be consistent with, or connected to, the applicant’s sponsored or permitted employment or the permitted economic activity being carried out in the UK - for example, business trips or short secondments.
    
    Short visits outside the UK on weekends or other non-working days must be counted towards the 180 day limit. Evidence in the form of a letter from the employer which sets out the reasons for the absences, including annual leave, should be provided. Where short visits outside the UK, on weekends or other non-working days have taken place, evidence from the employer should be provided to confirm the applicant’s normal working pattern and show the absences occurred during a non-working period.
    
    If the absences are connected to other employment outside the UK, which demonstrates the UK employment is secondary, the continuous period requirement is broken and this may affect the applicant's application for settlement visa UK.

• Do I have work full five (5) years on Tier 1 (general) visa?v

  • There is no requirement that applicant needs to employed or working for the full five (5) years to qualify for Indefinite Leave to Remain UK or ILR visa UKIndefinite . As long as the applicants meet the relevant points for the Indefinite Leave to Remain, they will be eligible.

• Which type of Tier 2 (Intra Company Transfer) qualifies for ILR?v

  • Applicants can apply for settlement visa UK if they have spent a continuous period of five (5) years lawfully in the UK as a Tier 2 (Intra-Company Transfer) Migrant granted before 6^th April 2010.

• What is Criminality requirement of ILR UK?v

  • 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 who are applying for settlement visa UK.

    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 my Indefinite Leave to Remain UK or ILR visa UK application is pending?v

  • 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 Requirementv

  • Foreign nationals applying under the Indefinite Leave to Remain UK or ILR visa UK category 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 application and ‘Super Priority Service’. 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 the 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 in the back.
    
    Applicants under the Indefinite Leave to Remain UK or ILR visa UK category who wish to extend their stay in the UK either by post or ‘Super Priority Service’, have to submit an online application form and pay their application fees. Once they complete the online application, they will be directed to the Sopra Steria’s website to book an appointment at a UKVCAS center. At this appointment, applicants will be able to submit their biometric information including photos, fingerprints and signature.

• Government Feesv

  • Home Office fees for Indefinite Leave to Remain UK or ILR visa UK
    	Postal	Super Priority Service	Overseas/Entry Clearance Application
    Main Applicant	£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

• Processing Timesv

  • Applicants applying for an Indefinite Leave to Remain UK or ILR visa UK within the UK under Standard or Postal Service, the decision is normally taken up to 6 months and for Super Priority Service, it is normally decided within 24 hours.