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ILR Applications

ILR Applications

Marriage, Tier 1, Tier 2, Domestic Violence, Bereaved Spouse, Dependants, Domestic Worker, 10 Year Rule.

New Immigration Rules came into force on 9 July 2012 which changed the length of time that family members must be in the UK before applying for settlement.

The Rules apply to partners of:

  • British citizens or
  • Someone settled in the UK or
  • Someone in the UK with refugee leave or
  • Someone in the UK with humanitarian protection.

If you applied to come to the UK or for permission to stay here on or before 8 July 2012 and that permission was granted, you will need to be in the UK for 2 years before you can apply for settlement.

If you applied to come to the UK or for permission to stay here on or after 9 July 2012 for the 5-year family route and that permission was granted, you will need to be in the UK for 5 years before you can apply for settlement. You will initially be given leave to enter for 2 and a half years, and then you can apply for another period of 2 and a half years.

If you applied on or after 9 July 2012 to come to the UK or for permission to stay here for the 10-year family route, or for permission to stay here on the 10-year private life route and that permission was granted, you will need to be in the UK for 10 years before you can apply for settlement. You will initially be given leave to enter for 2 and a half years, and then you can apply for three more periods of 2 and a half years.

Marriage/Partnership

You can apply for permission to settle in the UK (also known as 'indefinite leave to remain') as the husband, wife, civil partner, unmarried partner or same-sex partner of a British citizen or a person who is settled here. To qualify you must :

  • Currently have temporary permission to remain in the UK as the husband, wife, civil partner or unmarried/same-sex partner of a British citizen or a person settled here and
  • Have lived here for 2 years in this category and
  • Are still planning to live together (and are still married or in a civil partnership, if applicable).

Dependent Relatives

You can apply for indefinite leave to remain in the UK as the dependent relative if you are :

  • A child aged under 18 of a parent, parents or a relative who is a permanent resident of the UK and currently living here or
  • An adopted child aged under 18 of a parent or parents who are permanent residents of the UK and currently living here or
  • Aged 18 or over and
  • A parent, grandparent, brother, sister, son or daughter of a British citizen or person settled in the UK.

5 Year Basis

You are eligible for ILR if you have spent 5 years or more in one of the following categories:

  • UK Ancestry
  • Investor
  • Business person
  • HSMP
  • Tier 1
  • Tier 2
  • Work Permit Holder
  • Writers, Composers and Artists or sole representative

10 Years Continuous Lawful Residence

If you have been in the UK lawfully and continuously for the last 10 you may be entitled to apply for indefinite leave to remain. For example if you have been in the UK as a student for a continuous period of ten years or if you came to the UK as a student, went to university in the UK then switched visas into a permit free category, you may be entitled to indefinite leave to remain.

20 Years Continuous Residence (Even Though You May Be Here In The UK Illegally)

You may also apply for indefinite leave to remain (ILR) after 20 years continuous residence. If you have been in the UK continuously for the last 20 years and can provide official documentation (as prescribed by the Border Agency) to prove the same you can apply for indefinite leave to remain.

Domestic Violence

You may also apply for indefinite leave to remain as the victim of domestic violence. In order to qualify you must be able to demonstrate that:

  • You were given permission to come to the UK for up to 27 months or to extend your stay for two years as the husband, wife, civil partner, unmarried partner or same-sex partner of a permanent resident ( even if that permission is no longer valid) and
  • You were still in that relationship at the time when you came to the UK or extended your stay as their husband, wife, civil partner, unmarried partner or same-sex partner and
  • You can produce evidence that the relationship has broken down permanently since then as a result of domestic violence.

You should make your application as soon as is practicably possible after your relationship has broken down as a result of domestic violence - you should not wait until the end of your current permission to remain. It is in your interests to apply as early as possible, so that we can deal with contemporary evidence.

Bereaved Partner

The requirements to be met for indefinite leave to remain in the UK as a bereaved partner are that:

  • The applicant must be in the UK.
  • The applicant must have made a valid application for indefinite leave to remain as a bereaved partner.
  • The applicant must not fall for refusal under any of the grounds in suitability-leave to remain and
  • The applicant must meet all of the requirements of eligibility for indefinite leave to remain.

The applicant's last grant of limited leave must have been as:

  • A partner (other than a fianc√©(e) or proposed civil partner) of a British Citizen or a person settled in the UK or
  • A bereaved partner.

The person who was the applicant's partner at the time of the last grant of limited leave as a partner must have died.

At the time of the partner's death the relationship between the applicant and the partner must have been genuine and subsisting and each of the parties must have intended to live permanently with the other in the UK.

Discretionary Leave

You will be able to apply for indefinite leave to remain if you have been granted discretionary leave. Prior to 09 July 2012, in most cases, discretionary leave was granted for 6 years thereafter you could apply for indefinite leave to remain.

From 09 July 2012, in most cases, the grant of discretionary leave will be 10 years before you could apply for indefinite leave to remain.

IMPORTANT NOTES

You can lose your ILR status if individual remains out of the UK for more than 2 years on a single occasion or when it appears that an individual only spends short periods of time to retain their status and does not appear to have made the UK their main home.

You should lodge your application not more than 28 days before the completion of the qualifying period.

Disclaimer: The information provided above only provides general guidelines on Immigration Law and these rules change regularly (last update 16 August 2012). It is highly recommended that you call our office for more in depth advice and assistance.