Settlement/ Permanent Residence
Law & Guidance
You can obtain ‘Permanent Residence’ or ‘Settlement’ referred to by the Border Agency as Indefinite Leave to Remain 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 a sole representative.
If you have been in the UK as a spouse or unmarried partner then you can obtain permanent settlement once you have spent at least two years in the UK.
Life in the UK test
Prior to making an application all applicants including dependents who are 18 or over and under 65 have to have passed the ‘Life in the UK’ test . This is mandatory.
Procedure
An application for ILR must be submitted to the UK Border Agency prior to an applicant’s permission expiring.
Applications can be submitted either through the postal system which may take a minimum of 13 weeks to process during which time the applicant’s passport must remain with the UKBA (unless required by another UK Government department or the individual’s diplomatic mission), or, through UKBA’s ‘Fast Track’ same day service for which a premium application fee is payable.
10 years continuous lawful residence
You may also apply for indefinite leave to remain (ILR) after 10 years continuous lawful residence. If you have been in the UK lawfully and continuously for the last 10 years having been granted leave to remain in one or more lawful immigration categories you will be entitled to apply for indefinite leave to remain.So for example if you have been in the UK as a student for a continuous period of ten years then you may be granted indefinite leave to remain (permanent residence) or alternatively, if you came to the UK as a child student, went to university in the UK then switched visas into a permit free category, you may be entitled to indefinite leave to remain upon an application to the Border Agency.
14 years continuous residence (even though you may be here in the UK illegally)
You may also apply for indefinite leave to remain (ILR) after 14 years continuous residence. If you have been in the UK continuously for the last 14 years and can provide official documentation (as prescribed by the Border Agency) to prove the same you can 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.
For Business
If you are looking for information and guidance on UK Immigration for Business please follow the link.
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Tier System
Tier 2 - Sponsored Skilled Workers
Tier 2 - Ministers of Religion
Permanent/Settlement Residence
It should be noted that as legal representatives we cannot present Tier 4 applications ourselves as the applicant needs to be present at the Border Agency to provide their biometrics.
