UK Settlement/ILR

Applicant granted with Indefinite Leave to Remain (ILR) in the UK can remain in the UK without any restrictions on their stay. This means that a person granted ILR may live and work without limitations imposed on how long they can be in the UK. This is also referred to as settlement in the UK.

Applicants may be eligible for following routes:

• Settlement by Investment
• Settlement for Partners & Family Members
• Settlement via Work Related Route
• Settlement via Long Residence
• Settlement via Returning Resident Visa

Settlement by Investment

The UK offers two routes to settlement by investment in the UK, under the Tier 1 Investor and Tier 1 Entrepreneur categories of the points-based system.

Main eligibility requirements for Settlement by Investment:

• Applicant have spent a continuous period lawfully in the UK in a permitted category (ordinarily the continuous period will be 5 years, unless you are applying for accelerated settlement)
• Applicant have not been absent from the UK for more than 180 days in any of the rolling 12-month periods preceding the date of application
• Applicant have sufficient knowledge of the English language (unless aged 65 or over)
• Applicant have taken and passed the Life in the UK test (unless aged 65 or over)

Achieving permanent resident status is central to qualifying for a British passport, since Naturalisation as a British Citizen requires that the applicant be settled in the UK.

You will not need to satisfy the English language requirement or pass the Life in the UK test if you are at least 65 years of age. The Home Office also has a discretion to waive the requirement if it would be unreasonable to expect you to fulfil that requirement due to a mental or physical condition. Various other exemptions also apply.

If you are already in the UK but are unable to satisfy the English language requirement, you may be able to extend your permission to stay, so that you can prove your knowledge of English.

Settlement for Partners and Family Members

The UK offers four routes to settlement for partners and family members of British citizens and settled persons in the UK:

• Spouse or Civil Partner
• Unmarried Partner
• Adult Dependent Relative
• Child

Main eligibility requirements for Settlement by for Partners and Family Members:

• Applicant will need to have completed 5 years (60 months) in the UK as the partner of a British citizen or settled person.
• Applicant will need to satisfy minimum earnings requirement of £18,600 in order to sponsor spouses, fiancées, partners and civil partners for settlement in the UK. If a child is also sponsored the minimum earnings requirement will be £22,400 and £2,400 for each further child. (Please note this will not include British and EEA children, as well as children settled in the UK)
• Evidence of arranged adequate accommodation, such as Tenancy agreement or Land Registry Certificate/mortgage paperwork
• Applicant who is not a national of a majority English-speaking country or do not have a degree taught in English, they must pass test at basic command of English (speaking and listening) to at least level A1 of the CEFR
• Applicant must pass the Life in the UK test

These documents include, but are not limited to:

• Personal Bank Statements
• Pay slips & P60 Certificates
• Letter from the sponsor’s employer(s) confirming employment and annual salary
• Employment contract
• Financial Statements/Annual Accounts of the business (if the sponsor is self- employed)
• Tax Documents

If applying for indefinite leave to enter or remain as an Adult Dependent Relative or Child, applicant will need to demonstrate that they will be adequately maintained, accommodated and cared for without recourse to public funds. There is no English language requirement and it is not necessary to pass the Life in the UK test.

Additional eligibility criteria for Partners and Family Members

Applicant’s settled status will lapse if they are absent from the UK for more than 2 years. If applicant’s ILR has lapsed, they may wish to consider applying for a Returning Resident visa in order to return to the UK.

Work Related Settlement

The UK offers five routes to settlement by working in the UK, including routes below:

• Tier 1 General Highly Skilled Worker
• UK Ancestry visa
• Tier 2 General Skilled Worker
• Tier 2 Intra-Company Transfer
• Sole Representative of an Overseas Business

Main eligibility requirements for Work Related Settlement:

• Applicant have spent a continuous period of 5 years lawfully in the UK in a permitted category
• Applicant has not been absent from the UK for more than 180 days in any rolling 12 calendar month periods preceding the date of application
• Applicant who is not a national of a majority English-speaking country or do not have a degree taught in English, they must pass test at basic command of English (speaking and listening) to at least level A1 of the CEFR (unless an exemption applies)
• Applicant must pass the Life in the UK test (unless an exemption applies)

Each of the work-related settlement categories also have their own additional eligibility criteria, which are summarised below.

Long Residence Settlement

Applicant is a non-UK national and have lived in the United Kingdom continuously and lawfully for 10 years.

Main eligibility requirements for Long Residence Settlement:

• Applicant have spent a period of at least 10 years residing in the United Kingdom continuously and lawfully
• Applicant’s 10-year period of lawful residence is unbroken
• There are no public interest reasons why it would be undesirable to grant their indefinite leave to remain
• There are no general grounds for refusing your application (such as a relevant criminal conviction)
• Applicant who is not a national of a majority English-speaking country or do not have a degree taught in English, they must pass test at basic command of English (speaking and listening) to at least level A1 of the CEFR (unless an exemption applies)

Applicant will have a break in their residence, if at any time during the period relied upon:

• Applicant was absent from the UK for more than 18 months in total; or
• Applicant was removed or deported from the UK; or
• Applicant left the UK having been refused leave to enter or remain;
• Applicant evidenced a clear intention not to return to the UK on leaving; or
• Applicant left the UK with no reasonable expectation of being able to return lawfully; or
• Applicant was sentenced to a period of imprisonment (not suspended) or directed to be detained; or
• Applicant was absent from the UK for more than 6 months at any one time; or
• Applicant was absent from the UK for less than 6 months but had no leave either upon departure or return (or both).

Other eligibility requirements for ILR on the basis of Long Residence

The qualifying 10 year period does not need to have been completed recently. Applicant can rely on a historic continuous period of 10 years lawful residence.

The Home Office has a discretion to grant long residence applications where the applicant has absences in excess of 540 days in total or a single absence of more than six months. Applicant would need to demonstrate that the absence(s) was/were for an exceptional or compelling reason.

Once applicant has been granted indefinite leave to remain on grounds of long residence, applicant will be free from any immigration time restrictions. applicant will not lose your indefinite leave to remain unless applicant is absent from the UK for more than two years or commit a serious offence.

Returning Resident Visa

Applicant is a non-UK citizen and is not currently in the UK, but has previously been granted indefinite leave to remain in the UK, applicant may be eligible to return to the UK for settlement as a returning resident.

Main eligibility requirements of Returning Resident visa:

The requirements that applicant will need to satisfy in order to be admitted to the UK for settlement as a returning resident will vary depending upon whether they have been away from the UK for more, or less than, 2 years.

If applicant has been outside the UK for more than 2 years, applicant should apply for a Returning Resident visa before travelling. Applicant may also apply for a Returning Resident visa, if applicant has been away for less than 2 years. In each case, entry to the UK may be refused if the requirements of the Immigration Rules are not satisfied.

Applicant may be admitted to the UK for settlement as a returning resident, if the Immigration Officer on arrival is satisfied that applicant (absent from the UK for less than 2 years):

• Had indefinite leave to remain in the UK when applicant last left the UK; and
• Have not been away from the UK for more than 2 years; and
• Did not receive assistance from public funds towards the cost of leaving the UK;
• Seeks admission for the purpose of settlement.

Once applicant has been absent from the UK for over two years then they should apply for a Returning Resident visa before travelling to the UK. Applicant will need to satisfy UK Visas and Immigration that applicant:

• Had indefinite leave to remain in the UK when applicant last left; and
• Did not receive assistance from public funds towards the cost of leaving the UK; and
• Seeks readmission for the purpose of settlement;
• There are good reasons for applicant to be admitted as a returning resident.