We appreciate that Home Office application fees for this visa are extremely costly therefore it would be advisable to obtain expert advice before submitting an application form especially where the residency test is concerned.
Contact us today so our dedicated team of Immigration Solicitors can assess your eligibility to apply for Indefinite Leave to Remain.
ILR Requirements & Eligibility
Have you been in the UK for a qualifying period in an immigration category that leads to settlement? If yes then you may be eligible to apply for Indefinite Leave to Remain (ILR).
Once you obtain Indefinite Leave to Remain, you no longer have any conditions on your stay in the UK and you can work, study or engage in business indefinitely. Following, you obtaining ILR, you can then apply for British Citizenship.
You do not automatically qualify for ILR on completion of your continuous period of lawful residence in the UK, it is essential that you submit an application to the Home Office to consider your entitlement to be granted ILR. You will also need to submit evidence of your eligibility for ILR as follows:
- Continuous lawful residence in the UK for the required qualify period
- Absences from the UK not exceeding 180 days in any 12 months of the qualifying period
- Evidence that you meet the Knowledge of language and life in the UK requirement
Calculating the Specified Continuous Period
You can submit an Indefinite Leave to remain application up to 28 days before you would reach the end of the specified period.
You must calculate the relevant qualifying period by counting backward from whichever of the following is most beneficial to you:
- The date of application
- The date of decision
- Any date up to 28 days after the date of application
You will be required to provide reasons and evidence for all of your absences. However, some absences will not be considered as ‘breaking’ continuity and as such will not affect your continuous period or start the clock again for you as follows:
- The period between the issue of your entry clearance and entering the UK
- Part day absences – only whole days out of the country are counted and not half days, for example the full 24 hours will be considered as an absence.
Establishing that you meet the residency requirement by calculating your continuous period and absences from the UK is not always as easy as it may seem. Therefore, we advise you to seek professional advice and speak to our dedicated team of Immigration Solicitors to ensure that you are in compliance with this strict eligibility requirement.
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