The applicant must meet the following requirements: In all other scenarios, the continuous residence period is 5 years. Only if an individual has resided in the United Kingdom for a minimum of six years under the Discretionary Leave to Remain category will he/she be permitted to apply for an Indefinite Leave to Remain … You must meet the Life in the UK test requirement when applying for ILR. An application is submitted to the Home Office requesting that Yasmin be permitted to vary her leave from a spouse visa to Discretionary Leave on the basis that the father of her British baby daughter wishes to be part of his daughter’s life despite him no longer being with her mother, and this constitutes an article 8 claim. As he was in the UK both of these days, they do not count as absences. But, you can apply after 3 years continuous leave in the UK if you meet certain criteria. make sure it is signed by a parent/guardian if the person applying is a child, make sure the application is signed in all of the relevant places. She was granted five years of leave. This website uses cookies to provide you with the best user experience and to deliver advertisement and services that are relevant to you. The Home Office do typically give applicants a chance to sort out any mistakes within 10 days, but this is not always the case. Home Office Form. Solicitor explains how to apply for British citizenship for children born in UK – VIDEO, Solicitor: What to do if Home Office rejects your UK visa application, UK opens borders to 2,500 non-EU seasonal farm workers. In order to qualify for ILR under these categories, you must have spent a continuous period of 5 years legally in the UK in the following categories (the most recent of which must have been as a Tier 2 migrant): In order to qualify for ILR as a PBS visa dependant, you must: EEA nationals automatically acquire a permanent right of residence (the equivalent of ILR) in the UK if they have lived in the UK in line with the EEA Regulations for 5 years. This means that the Home Office must refuse you if one of these grounds apply, even if you meet all of the requirements. Indefinite Leave to Remain (ILR) or settlement, allows you to enter the UK to live and work, and you are no longer subject to immigration controls when you enter the UK. If you are looking to apply for UK Indefinite Leave to Remain after 5 years, you will need to check you qualify based on the visa you currently hold and whether you meet all other ILR requirements. +44 (0)20 8884 1166 E-mail [email protected]. The reasons for people choosing to remain in the UK even after their leave has expired are many: there are those who have overstayed their visas and do not want to or cannot return to their home country to apply for entry clearance at the British Embassy in order to return to the UK. One of the most common grounds argued by a person is his or her rights under Article 8 of the Human Rights Act 1998 which provides that authorities must have respect for an individual’s private and family life. foreign and Commonwealth citizen on discharge from HM Forces (including Gurkhas), highly skilled migrant or their dependent applying under the HSMP judicial review, widowed spouse, civil partner, unmarried partner or same sex partner of someone present and settled in the UK, parent, grandparent or other dependent relative of someone present and settled in the UK, applying under paragraph 317 of the Immigration Rules, an adult dependent relative, applying under Appendix FM of the Immigration Rules (even if you are aged between 18 and 64 years, person applying for ILR after a grant of discretionary leave to remain, person applying for ILR after a grant of humanitarian protection, person applying for ILR outside the Immigration Rules, such as Gurkhas, widows, overage dependents and orphans, person suffering from a mental or physical condition, by passing a Home Office approved Secure English Language Test at B1 level of the CEFR, by being awarded a degree that was taught or researched in English, by being a national of what is classed a majority English-speaking country. Therefore, people who are in the UK who have overstayed their visas and have formed a relationship with a British citizen or somebody who has a permanent legal status and even perhaps had children with them, are considered to have ultimately established what can be argued a family life in the UK. The child obtains British nationality by virtue of her father being a British citizen. Such persons can successfully make an application for legal residence in the UK. From: UK Visas and Immigration. they have at least £5 million under their control and disposable in the UK which has been loaned to them by a UK regulated financial institution. Where the person is married, they should include their marriage certificate, children’s birth certificates, children’s school records over the years, and photographs of themselves with friends and family over the years. However, you will need to pass the Life in the UK test. In order to pass the test, you should study ‘Life in the United Kingdom: A Guide for New Resident’s Handbook’. For Tier 2 (Intra-company Transfer) Visas. The Home Office consider Gladys’s case and decide that they do not want to grant her discretionary leave, but rather decide to grant her indefinite leave to remain as she has established a strong family and private life in the UK and her legal status needs to reflect this. An “illegal entrant” in the UK can be defined as a person who unlawfully enters or seeks to enter the UK in breach of the immigration laws or seeks to enter the UK by means which include deception by another person. Indefinite Leave to Remain (ILR) Requirements 2019, Indefinite Leave to Remain (ILR) English Language Test in 2019, Required Indefinite Leave to Remain (ILR) Documents in 2020 [Checklist], SET M Application Form in 2019 – What you need to know, Settlement (ILR) after 5 years with a UK Spouse – SET M 2019 Guidance, Settlement (ILR) as a Victim of Domestic Violence – SET DV 2019 Guidance, SET LR Guidance – 10 Year Long Residence Applications, The applicant must be in the UK on a certain type of UK visa, The applicant must have continually been in the UK for the relevant qualifying period, The UK residence must be both ‘continuous’ and ‘lawful’, The applicant must satisfy the Life in the UK Test requirement (if not exempt), The applicant must satisfy the English language requirement, The applicant must not fall foul of the general grounds for refusal, The applicant must submit a valid application, Life in the United Kingdom: A Guide for New Resident’s Handbook, Settlement (ILR) as a Victim of Domestic Violence – SET DV Form Guidance, UK partner visa (including spouse visa, unmarried partner visa, civil partnership visa), If you and your partner cannot reasonably be expected to live in another country, If you and your partner have responsibility for a child who is entitled to remain in the UK, they had continuous residence in the UK of 2 years on the Tier 1(Investor) visa route. A discretionary leave application is just that: a person asks the Secretary of State to exercise her discretion in their favour so that they may remain in the UK. For instance, it could subsequently lead you to being an overstayer if your application is returned after your leave has expired. Therefore the total amount of days Edward was absent from the UK was 15 days. You will have the right to work and claim benefits, access to mainstream housing, and the possibility of applying for family reunion and a travel document. Visas leading to ILR after 5 years. It is difficult to give an accurate figure on how many overstayers there are in the UK, but it would be sensible to suggest a figure in excess of 1 million overstayers. Skip to content. The Indefinite Leave to Remain (ILR) requirements in 2019 are as follows: We understand this may initially seem overwhelming – however, we will break each requirement down for you in this article and explain it in detail. However please use the EEA-route section for queries about the EEA-route equivalent of Permanent Residence (PR). the application is made within 14 days of your visa expiring and you have a good explanation as to why it was beyond yours or your representatives control as to why your application was submitted late, the application is made within 14 days of the refusal of your last visa, the application is made within 14 days of the expiry of leave extended by section 3C of the Immigration Act 1971, the application is made within 14 days of the time limit for making an in time application for administrative review or appeal expiring. The immigration solicitors at Sunrise Solicitors are experts in dealing with applications for Indefinite Leave to Remain (ILR) on the basis of 10 years continuous lawful residence in the UK with discretionary leave to remain which was initially granted for 30 months outside the rules. Disclaimer: The above article is meant to be relied upon as an informative article and in no way constitutes legal advice. This section is relevant irrespective of whether current status is Tiered or Non-Tiered. You should only count whole days in this determination. member of the operation ground staff of an overseas owned airline, minister of religion, missionary, or member of a religious order, representative of an overseas newspaper, news agency or broadcasting organisation, Tier 1 migrant (apart from a Tier 1 (post-study work) or Tier 1 (graduate entrepreneur) migrant, Tier 2 (General) migrant, a Tier 2 (Minister of Religion) migrant or a Tier 2 (Sportsperson) migrant, Tier 2 (Intra-company Transfer) migrant, only if the 5 years continuous period spent legally in the UK includes a grant of leave as a Tier 2 (ICT) migrant granted before 6th April 2010, either be applying at the same time as the PBS migrant or following the grant of their ILR, and. Non-EEA national family members of those exercising Treaty Rights, may also acquire permanent residence after 5 years. 6 years continuous residence for immigration categories: Discretionary Leave to remain. In an Application dated the 25th March 2014 the Appellant applied for Indefinite Leave to Remain, having previously been granted 6 years Discretionary Leave to Remain in the United Kingdom. they had continuous residence in the UK of 2 years on the Tier 1 (Investor) visa route, they own personal assets with a value (after liabilities) of at least £20 million, and. You cannot combine Tier 1 (Entrepreneur) leave to remain with any other type of leave to meet the continuous residence requirement. The relevant application form is FLR(O), which you can download here. Femi cannot therefore apply for indefinite leave to remain in the UK on the basis of 10 years continuous lawful residence because of the small number of breaks in his visa. have at least £10 million of their own funds and under their control and disposable in the UK which has been loaned to them by a UK regulated financial institution. Edward travelled to China between the 6th to 22nd January 2019. You should include your Pass Notification Letter with your application. By agreeing you accept the use of cookies in accordance with our cookie policy. You should always seek advice from an appropriately qualified solicitor on any specific legal enquiry. Such individuals can apply for Discretionary Leave to remain in the UK. Femi is granted discretionary leave to remain in the UK under article 8 of the Human Rights Act. If you are granted Indefinite Leave to Remain, you are entitled to settle in the UK without restrictions. For example, you may be refused ILR if you fail to be consistent with the income claimed on your HMRC tax return and that you have stated within your immigration applications. In order to qualify for ILR as a Tier 2 (ICT) applicant, you must have spent a continuous period of 5 years in the UK lawfully, with the most recent period of leave being: The continuous residence period must include a period of leave as: Those who hold work permits in the Training and Work Experience Scheme (TWES) or Sectors Based Scheme (SBS) will not be accepted as work permit holders. If the Home Office decide you have a need for protection, and your claim falls under the grounds for protection in the Refugee Convention, you will be granted Refugee Status. the work permit was not a multiple entry work permit. Refugee Status currently means five years’ leave to remain in the UK. As he was in the UK both of these days, they do not count as absences. they had continuous residence in the UK of 3 years on the Tier 1 (Investor) visa route and. This basically means that you should have spent the relevant period here with leave to enter or remain and must not have been in breach of any conditions of your stay, such as taking employment that you are not allowed to take. Which visas lead to Indefinite Leave to Remain? Now I want to apply for indefinite leave to remain in the UK after 6 years discretionary leave outside of immigration rules. Whilst a valid application does not ensure your application will be granted, it does mean that whilst it is being decided, your stay in the UK is lawful. The results of this could be catastrophic. they have at least £1 million of their own money under their own control. You will be provided with your results on the day and given a Pass Notification Letter if you pass. When a person is granted DL initially, this does not always mean a person is entitled to further leave or settlement. The longer the person has been the UK, it infers the more ties they have to the country. Please use this section of the board for queries about Indefinite Leave to Remain (ILR). Listed below are example waiting periods for partner visas. If you are currently in the UK on a UK Ancestry visa, you will be able to consider applying for ILR after 5 years in the UK. An overview of how to make an application for discretionary leave outside of the immigration rules. * Please note that the above article does not relate to nationals of the European Union. You will have 45 minutes to complete the 24 question multiple choice test which is taken online. ILR after 6 Year Discretionary Leave. This is why I asked 1. if it is possible to use the premium service if I am on discretionary leave outside of the immigration rules. An Iranian lady by the name of Yasmin enters the UK on a two-year spouse probationary visa as she recently married a British citizen. Published 24 June 2013 Last updated 14 December 2015 — see all updates. This section is relevant irrespective of whether current status is Tiered or Non-Tiered. An application for indefinite leave to remain on the basis of six years under the discretionary leave to remain can be submitted to the Home Office 28 days before completing 6 years residence. What is considered a valid application is contained within paragraph 34 of the Immigration Rules. fill in all of the mandatory sections of the form. Discretionary leave Asylum policy guidance on discretionary leave. they had continuous residence in the UK for 5 years on the Tier 1 (Investor) visa route, and, they have personal assets with an equivalent value  of at least £2 million (after liabilities), and, they have at least £1 million under their control and disposable in the UK which has been loaned to them by a UK regulated financial institution. She came to the UK on a visitor’s visa in 2004 but did not return to Ghana when her visa expired. UK Work Visas. the increase accumulated over a 3 year period whilst they were in the UK under Tier 1 (Entrepreneur) visa. The changes are designed to bring consistency and transparency to decision-making’. Femi cannot therefore apply for indefinite leave to remain in the UK on the basis of 10 years continuous lawful residence because of the small number of breaks in his visa. Part 9 of the Immigration Rules specify the general grounds of refusal. If you have overstayed on a UK visa, then this may break the continuous residence period. COVID-19 News and Travel Restrictions . In order to apply for ILR, an applicant must meet the requirements below. An application for indefinite leave to remain on the basis of six years under the discretionary leave to remain can be submitted to the Home Office 28 days before completing 6 years residence. However, on two separate occasions, Femi was late in applying for a student visa and there has been a gap of a few days in between his visa expiring and him being granted a new student visa. All the information about the process, requirements, what visas can you extend and more. You may also be refused if you fail to make a declaration in your application form. An application for ILR under 6 years route of Discretionary Leave is made either using application form SET (O) or FLR (DL). It should be noted that if an application for discretionary leave is made after a visa has expired or at a time when the applicant had no legal status to remain in the UK, then they will not be given a right of appeal in the event that the Home Office refuse their case; therefore it is best to apply for discretionary leave whilst you still have a valid visa. After five years of Refugee Status, yo… If you feel your case has human rights grounds and want to look into the possibility of making a Discretionary Leave application, you should look into obtaining thorough legal advice from an accredited Immigration Solicitor. have at least £2 million of their own money under their own control. the applicants business must have generated at least 10 new full time jobs for people settled in the UK. If you were previously granted discretionary leave as a result of FLR (O) application, you can then apply for indefinite leave to remain by using the application Form SET (O). Gladys is a Ghanaian national. (adsbygoogle = window.adsbygoogle || []).push({}); Foreigners in UK, the webportal for immigrants in the UK, For questions regarding the subject covered in this guide, please visit, When to apply for Discretionary Leave and Indefinite Leave to Remain on compassionate grounds, argued by a person is his or her rights under Article 8 of the Human Rights Act 1998 which provides that, Where the person is married, they should include their, It is important to show that the person has. Here’s what you need to know, Kenyan born entrepreneur wins most Influential Leader of the Year Award in London, Government urged to grant amnesty to all irregular immigrants who have been in UK for 10 years, Romanian now the second most common non-UK nationality – ONS. Indefinite leave to remain (ILR) or permanent residency (PR) is an immigration status granted to a person who does not hold the right of abode in the United Kingdom (UK), but who has been admitted to the UK without any time limit on their stay and who is free to take up employment or study. ILR after 5 years UK. An application for Discretionary Leave will be strengthened by one thing alone: evidence. When the seven-year child concession was brought within the Immigration Rules, the explanatory notes accompanying that particular change (paragraph 7.6 of HC194) stated that: ‘The key test for a non-British citizen child remaining on a permanent basis is the length of residence in the UK of the child – Which the rules set at least the last seven years, subject to countervailing factors. The following visas offer UK settlement, allowing holders to become eligible for ILR after 5 years of lawful status: The length of the person’s residence in the UK is very important. ILR After 6 Years of Discretionary Leave to Remain (DLR) If you have spent 6 years in the UK under discretionary leave to remain, you should apply under this category. What are the different qualifying periods for the different Indefinite Leave to Remain routes? For legal advice regarding your case, please contact Greenfields Solicitors for a Consultation with a Solicitor: Tel. The Home Office have recently shown great efficiency in deciding Discretionary Leave applications. You can apply for Indefinite Leave to Remain (ILR) upon completion of 6 years under the Discretionary Leave (initial 3 years + 3 years extension). A public authority cannot intervene in an individual’s private or family life except in the interests of national security, public safety or the economic well-being of the country. The following list of visa routes would allow you to obtain ILR in the UK in certain circumstances: The continuous period requirement is the total amount of time an applicant must remain in the UK prior to applying for Indefinite Leave to Remain (ILR). they had continuous residence in the UK for 5 years on the Tier 1 (Investor) visa route and. There are some circumstances in which applicants will need to apply after 120 months (10 years). If you have previously passed a speaking and listening English language test at Level A2 CEFR, and have been in the UK for the past 15 years with leave to remain as a parent, child, partner, dependent of HM Forces personnel, dependant of a PBS migrant, dependant of a work permit holder, then you do not need to pass a Level B1 CEFR test or the Life in the UK test when applying for ILR. We want to help people obtain Indefinite Leave to Remain in the UK. Discretionary Leave is granted outside of the Immigration Rules and often includes claims made on a human rights basis, but it can also be granted in cases where a human rights claim fails. It can be met in the following ways: If you have previously passed a Level B1 English language test for a past application, you will not require to pass a further test in order to meet the English language requirement when applying for ILR. However please use the EEA-route section for queries about the EEA-route equivalent of Permanent Residence (PR). 2. It is important to show that the person has integrated his or herself in British society. 10 comments October 2, 2019 9 min read. The Indefinite Leave to Remain (ILR) requirements in 2019 are as follows: The applicant must be in the UK on a certain type of UK visa The applicant must have continually been in the UK for the relevant qualifying period The UK residence must be both ‘continuous’ and ‘lawful’ have at least £5 million of their own money under their control. Indefinite Leave to Remain is the official Home Office term. Section 6: Curtailing Discretionary Leave 18 6.1 Voluntary actions leading to curtailment 18 6.2 Curtailment on grounds of character, conduct, or fraud 18 . 25 November 2010. ; others wish to be in the UK for a better standard of living, or because they have established a private or family life in the UK and have ties in the UK which makes it undesirable for them to return home. Before the expiry of that five year period, Nora will be eligible to apply for indefinite leave to remain under the 10-year rule because she was on immigration bail and was then immediately granted leave. ILR on the Basis of Discretionary Leave to Remain chauhan June 27, 2018 November 13, 2019 ILR – for Persons having Discretionary Leave To Remain Indefinite Leave to Remain (Settlement) is the first goal of all immigrants which makes them free of all sorts of immigration control, work or study restrictions, residence restrictions, and also entitles them to take public funds. the applicants must have created a new UK business that has received an income from business proceeds of at least £5 million over a period of 3 years whilst they have been in the UK as a Tier 1 (Entrepreneur), they have appropriated or put money in to an already existing UK business, and, their involvement or investment has consequently contributed in a net increase of £5 million in that business’s income from business activity. Indefinite Leave to Remain (ILR) ILR Under 10 Years Long Residence; EEA Permanent Residence; ILR After 6 Years of Discretionary Leave to Remain (DLR) British citizenship. Seven years is a long time for a child, in most c… He left the UK on 6th January and arrived back in the UK on 22nd January. If you have overstayed on a UK visa, then the period of overstaying may be overlooked if: Any evidence to support the claim that it was beyond your control your application was submitted late should be submitted with your application. Example If you were previously granted discretionary leave as a result of FLR (O) application, you can then apply for indefinite leave to remain by using the application Form SET (O). It currently takes between 2-6 months to receive a decision. Eligibility to Apply for Indefinite leave to remain. As long as you behave and remain a resident in the UK, you are free to come and go as you please. have been in the UK for a minimum of 2 years (or 5 years if applying to join this category on or after 9th July 2012). For an application to be valid, you must: Your email address will not be published. Evidence includes letters of support from friends and family (this is particularly important where a claim under article 8 of the Human Rights Act is being made) as well as the support of your local M.P. A good discretionary leave application will seek to argue a person’s circumstances and backgrounds such as their: • age; • length of residence in the UK; • strength of connections within the UK; • personal history including character, conduct and employment record; • domestic circumstances; • previous criminal record and nature of any offence for which a person has been convicted; • compassionate circumstances; and • any representations received on the person’s behalf. Under the Immigration rules, there is a legal right for persons who have been here 14 years or more to make an application for indefinite leave to remain in the UK. indefinite leave to remain on the basis of long residence after 10 years continuous lawful residence in the UK. Your Letter should be signed by you. Age brings intolerance for immigrants, refugees as teenagers grow older, Northern Ireland attracting lesser number of migrants. Please use this section of the board for queries about Indefinite Leave to Remain (ILR). It is very important that you submit a valid application, as if you fail to do so, this will result in your application being deemed invalid – which would be classed as not having submitted an application at all. On top of that, children do not make their own decisions about moving homes and countries. Tier 1 Post-Study Work Visa; Tier 2 General. Your email address will not be published. Written by Richard Ballout. A. ny part day absences which are less than 24 hours should not be included. For example, they may have benefited from further education and obtained educational qualifications or they may have been working and have made tax contributions. This relevant residence period must be both ‘continuous’ and ‘lawful’, You May Have To Take The Life in the UK Test, You May Have To Prove your English Language Speaking and Listening ability, You must not fall foul of The General Grounds for Refusal. If you were previously granted discretionary leave as a result of FLR (O) application, you can then apply for indefinite leave to remain by using the application Form SET (O). Required fields are marked *. It is typically 5 years, however it can be reduced if the applicant increases their level of investment. For Tier 2 (General)/(Minister of Religion)/Sportsperson Visas. If you are on a partner visa, and do not meet the English language or financial requirement for leave to remain as a partner or parent, you will be put on the 10 year route to ILR in 2 circumstances: The length of continuous residence on this route can vary. Therefore the total amount of days Edward was absent from the UK was 15 days. a Tier 2 (ICT) migrant issued under the Rules prior to 6th April 2010, a work permit holder if the permit was granted due to the person applying being the subject of an intra-company transfer, in the business and commercial category, or, in the sports and entertainment category, provided. The term confirms that there is no time limit on a person is granted DL initially this... All other scenarios, the continuous residence period is 5 years on following! Scenarios, the marriage breaks down only after a few months and after the application date the. Business must have indefinite leave to remain after 6 years discretionary leave 2019 at least £1 million of their own decisions moving. Uk is very important long as you behave and Remain a resident in the UK 6th. 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