Key requirements for work-based settlement

Regardless of the specific route, applicants must meet certain general criteria to qualify for indefinite leave to remain. In most cases, you will need to show that:

• You have completed a continuous period of 5 years’ lawful residence in the UK under an eligible immigration category;
• Your absences from the UK have not exceeded 180 days within any rolling 12-month period leading up to your application;
• You meet the English language requirement, unless an exemption applies;
• You have passed the Life in the UK test, unless you qualify for an exemption.

In addition to these standard requirements, each work-related route has its own specific conditions that must also be satisfied.

Additional points to consider

Once granted settlement (indefinite leave to remain), you are no longer subject to time restrictions on your stay in the UK. However, this status can be lost if you remain outside the UK for more than two consecutive years. In such cases, you may need to apply for a Returning Resident visa to regain entry. Holding settled status is also an important step toward becoming a British citizen, as naturalisation generally requires you to already have indefinite leave to remain.

Certain applicants are exempt from the English language and Life in the UK test requirements, including those under the age of 18 or aged 65 and over. The Home Office may also waive these requirements in circumstances where it would be unreasonable to expect compliance due to a physical or mental condition, as well as in other specified situations. If you are already in the UK but do not yet meet the English language requirement, you may be able to extend your current visa in order to gain the necessary qualification before applying for settlement.

What can I do once I have ILR?

While on a working visa, you likely faced restrictions regarding your salary, type of work, or hours. Once you achieve settlement through your working route, you are no longer tied to these provisions. You may be self-employed, work long or short hours, and switch jobs at any time. If you previously had to request permission to engage in any kind of business in the UK, this is no longer the case. You have access to public funds if you have ILR, even if your previous visa did not allow it. This means you can usually receive healthcare through the NHS and claim job seekers’ allowance if you are searching for work.

Studying in the UK also becomes an option once you have ILR.  Not only this, but you are eligible to pay home fees for UK universities and apply for student finance just like British students. Lastly, having ILR means you no longer have to worry about restrictions for leaving and re-entering the UK. While ILR can lapse if you have been outside the UK for more than 2 years, you no longer have to tally up every little trip outside the UK to ensure you are following the immigration rules. By nature, your leave is indefinite if you have ILR, so you never need to extend or reapply to retain these rights. 

When can I apply for British citizenship?

Usually, once you have had ILR for 12 months, you can apply for British citizenship.

Our services also extend to the following work-related settlement routes:

Indefinite Leave to Remain as a Skilled Worker

To be eligible for settlement as a Skilled Worker, you must demonstrate to UK Visas and Immigration that:

• You have completed a continuous 5-year period in the UK;
• This qualifying period includes time spent under one or a combination of permitted routes, such as Skilled Worker, Global Talent, Innovator, Tier 2 Minister of Religion, Tier 2 Sportsperson, Representative of an Overseas Business, or certain Tier 1 categories (excluding Tier 1 Graduate Entrepreneur);
• You have not exceeded 180 days of absence from the UK in any 12-month period during those 5 years;
• You have passed the Life in the UK test (unless you are aged 65 or over);
• Your employer remains an approved Home Office sponsor;
• Your employer continues to require your services on an ongoing basis;
• Your salary meets or exceeds the applicable threshold or the relevant going rate, whichever is higher.

Indefinite Leave to Remain as a Sole Representative of an Overseas Business

To qualify under this route, you must show that:

• You have lawfully resided in the UK for a continuous 5-year period as the sole representative of an overseas business;
• Your absences from the UK have not exceeded 180 days in any rolling 12-month period before applying, and any absences are properly evidenced and justified (for example, work-related travel or compelling circumstances);
• You have met all extension requirements throughout the 5-year period;
• Your employer confirms that your role remains necessary;
• You meet the English language requirement and have passed the Life in the UK test.

Indefinite Leave to Remain on the basis of UK Ancestry

Applicants under the UK Ancestry route must demonstrate that:

• They have spent 5 continuous years in the UK with valid permission under a UK Ancestry visa;
• They are employed, self-employed, or actively seeking work at the time of application and have generally been working throughout the qualifying period;
• Their absences have not exceeded 180 days in any rolling 12-month period prior to applying;
• Any significant absences are supported by evidence and justified by serious or compelling reasons;
• They meet the English language requirement and have passed the Life in the UK test.

Indefinite Leave to Remain for Family Members (Dependants)

Dependent partners may qualify for settlement if they hold permission as your partner and have lived with you in the UK for the required period—2 years for applications made before 9 July 2012, or 5 years for applications made on or after that date. Partners aged between 18 and 64 will generally need to meet the English language requirement and pass the Life in the UK test.

Dependent children may also be eligible if they were previously granted leave as your child. Typically, both parents must be lawfully present in the UK or applying at the same time for the child to qualify. However, settlement may still be possible where one parent has sole responsibility, is the only surviving parent, or where there are compelling family or welfare considerations.

How Can Our Immigration Lawyers Help You?

Our team of specialist immigration lawyers can assist you in relation to your indefinite leave to remain application through expert legal advice, guidance, and representation on a fixed fee basis. Our fixed fee covers all the work in relation to your indefinite leave to remain application from initial instructions until a decision is reached on your application by the Home Office. If instructed, your case will be handled by a specialist immigration lawyer whose work will entail the following:

• Taking detailed instructions to find out all relevant facts;
• Advising you on the eligibility requirements of your application;
• Advising you on the suitability requirements of your application;
• Assessing the strengths and weaknesses of your case in light of your personal circumstances;
• Where necessary, advising you on the weakness if your case and the steps you may be able to take to mitigate those weaknesses;
• Presenting you with a comprehensive list of documents to provide in support of your application;
• Reviewing your documents to ensure they are in line with the requirements of the immigration rules in relation to your application and they are in the right format;
• Advising you on further documents to be provided where necessary following review of collated documents;
• Drafting your application form and presenting you with draft application for your consideration;
• Advising on the application form details and making amendments where necessary or requested by you;
• Drafting detailed letter of representations, demonstrating that all legal requirements relating to your application have been satisfied;
• Drafting witness statements for you and other relevant witnesses where necessary;
• Where possible, taking necessary steps to submit your application via Priority service to ensure faster processing time;
• Uploading all the necessary documents in support of your application onto the Home Office application portal;
• Arranging an appointment for you to enrol your biometrics as part of your application process;
• Liaising with the Home Office, where there has been a request for further information or documents;

Why Choose Our Specialist Immigration Lawyers?

Our expert immigration lawyers have a wealth of experience in handling all types of immigration applications and have successfully assisted many applicants with their ILR applications. Below is a summary of reasons why we are different and are the right fit for you:

High Quality Advice and Representations

Our team of specialist immigration lawyers handle each case with great care and attention to detail from outset to its conclusion. Our expert immigration lawyers will ensure that your case if progressed in a timely manner and that you receive the highest quality legal advice and representation throughout the life of your retainer. The quality of service provided by our team of specialist immigration lawyers are self-evident from our Google review.

Remote Legal Services

Our team of specialist immigration lawyers can provide you with excellent advice, guidance and legal representations remotely using modern means of communication. Whilst our expert immigration lawyer can meet you face to face in our offices at the heart of London, where a face-to-face meeting is not possible or convenient, our lawyers can represent you remotely without the need for you to attend our offices. Our expert immigration lawyers have successfully represented clients remotely from all four continents without their needing to attend our offices for a face-to-face meeting and can also represent you remotely if necessary.

Specialist Advice and Representation

If instructed, your matter will be assigned to a lawyer with specialist knowledge of immigration law who will handle your matter from initial instructions to its conclusion, and where necessary – such as in complex matters – your immigration lawyer will be assisted by other immigration lawyers to ensure the best possible legal advice and representation.

Fast Track Visa Processing Service

The Home Office (UKVI) provide a faster processing of application via its Priority Service application which enables you to get a decision on your (in-country) application within 24 hours of enrolling your fingerprints or within 5 days of enrolling your biometrics for out of country applications. Our specialist immigration lawyers can take all steps to submit your application via Priority service so that you can get a decision on your application in the shortest time possible.

Fixed Fees With Payment Plan

To help you with certainty regarding the costs of your legal representation, we provide services for a reasonable and affordable fixed fee. To further help our clients manage the costs associated with their application, we can offer an instalment plan so that you can pay your fixed fees in instalments. Please do note, however, that all instalments must be completed before you enrol your biometrics.