How to get Indefinite Leave to

How to get Indefinite Leave to Remain in the UK after long residence

A certain provision under UK Immigration guidelines allows you to apply for indefinite leave to remain (ILR) after 10 years of continuous lawful residence in the UK. But you have to stick to the rules to qualify

How to get Indefinite Leave to

Question:

I have been living in the UK for just over eight years, with a small break after the fourth year. Most of this time has been spent on temporary visas, which do not lead to permanent residence in the UK. Is there any way that I can qualify for indefinite leave to remain in the UK without having to fulfil the normal five year requirement on a permanent category visa?

Answer:

Fortunately, there is provision under the Immigration Rules that allows you to apply for indefinite leave to remain (ILR) after 10 years of continuous lawful residence in the UK.

Where an applicant has overstayed their visa, there is provision in the Home Office guidance to disregard one small break. However, it is vital that professional advice is taken if this is the case. It is also possible to apply for ILR under these provisions where an applicant has left with a valid visa and returned to the UK with a valid visa, providing the absence was for less than six months. An applicant must also not have had absences totalling 18 months or more over the 10 year period.

There are also other immigration rules in place based on long residence for those applicants who may have been in breach of the rules, chiefly consisting of a 20-year long residence rule (7-years for children). This provision mainly applies to those with half their lives devoted in the UK and to those with no ties in the country they would otherwise be returned to.

Please contact our offices for more advice in your specific case.

www.bic-immigration.com or info@bic-immigration.com