There are some circumstances in which applicants will need to apply after 120 months (10 years). Gladys makes an application to the Home Office for discretionary leave to remain in the UK on the basis of having established a private and family life in the UK and as she is due to give birth to a British child. You can apply for Indefinite Leave to Remain (ILR) upon completion of 6 years under the Discretionary Leave (initial 3 years + 3 years extension). Unfortunately, the marriage breaks down only after a few months and after the birth of their first child. 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. 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. From: UK Visas and Immigration. 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). Example 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’ You should include your Pass Notification Letter with your application. UK Work Visas. Discretionary leave Asylum policy guidance on discretionary 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. Now I want to apply for indefinite leave to remain in the UK after 6 years discretionary leave outside of immigration rules. An “overstayer” can be defined as a person who remains illegally in a country after the period of authorised leave (visa) has expired. 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. ; 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. This website uses cookies to provide you with the best user experience and to deliver advertisement and services that are relevant to you. Indefinite Leave to Remain is a form of permanent residence which is available to those who have been lawfully living in the UK for a certain period of time, typically five years. If you have stayed out with the UK for more than 180 days in a consecutive 12 month period. 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. Which visas lead to Indefinite Leave to Remain? An application for ILR under 6 years route of Discretionary Leave is made either using application form SET (O) or FLR (DL). Therefore the total amount of days Edward was absent from the UK was 15 days. Femi therefore applies for indefinite leave to remain in the UK under article 8 of the Human Rights Act 1998 and argues that two of his sisters live in the UK and are British citizens and that he has been with his British girlfriend for the past 3 years and that they wish to marry. +44 (0)20 8884 1166 E-mail [email protected]. Edward travelled to China between the 6th to 22nd January 2019. Seven years is a long time for a child, in most c… The amount of time varies from route to route. Edward travelled to China between the 6th to 22nd January 2019. 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. 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. 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. they had continuous residence in the UK of 3 years on the Tier 1 (Investor) visa route and. 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 … If you are granted Indefinite Leave to Remain, you are entitled to settle in the UK without restrictions. Gladys recently found out that she is four months pregnant. After five years on an Investor visa, ... you should apply after 12 months from 1st November 2019. 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. 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. 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). He left the UK on 6th January and arrived back in the UK on 22nd January. 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. 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. 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. 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. It is important to show that the person has integrated his or herself in British society. When will residence in the UK not be lawful? 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. 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. This section is relevant irrespective of whether current status is Tiered or Non-Tiered. 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. have at least £2 million of their own money under their own control. they have at least £1 million of their own money under their own control. Gladys is a Ghanaian national. For an application to be valid, you must: Your email address will not be published. Naturalisation as a British Citizen; Register as a British Citizen; Register Child as a British Citizen; Born in the UK on or After 1 January 1983; Stateless People For Tier 2 (General)/(Minister of Religion)/Sportsperson Visas. You may also be refused if you fail to make a declaration in your application form. 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. As long as you behave and remain a resident in the UK, you are free to come and go as you please. 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. 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. 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. Required fields are marked *. You will have 45 minutes to complete the 24 question multiple choice test which is taken online. For legal advice regarding your case, please contact Greenfields Solicitors for a Consultation with a Solicitor: Tel. ILR after 6 Year Discretionary Leave. 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. 2. You can change your cookie settings at any time. 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. 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. ILR after 5 years UK. Leave to remain is the UK visa extension. Not every visa leads to Indefinite Leave to Remain. 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. For instance, it could subsequently lead you to being an overstayer if your application is returned after your leave has expired. Any continuous period in the UK only counts if it is legal. In order to apply for ILR, you must have arrived in the UK or switched in to a category that allows you to apply for ILR under that category after a certain amount of time. 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. 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. 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. Age brings intolerance for immigrants, refugees as teenagers grow older, Northern Ireland attracting lesser number of migrants. The test can be taken in Welsh, or Scottish Gaelic as well as English. Such individuals can apply for Discretionary Leave to remain in the UK. Refugee Status currently means five years’ leave to remain in the UK. 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. However, you will need to pass the Life in the UK test. 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). Eligibility to Apply for Indefinite leave to remain. To identify the start of the qualifying period you use the day after the application date minus the length of the qualifying period. indefinite leave to remain on the basis of long residence after 10 years continuous lawful residence in the UK. Your email address will not be published. ILR after 6 Year Discretionary Leave. He came to the UK when he was 15 years of age to study in the UK and has held a student visa throughout the past 10 years. If you were settled in the UK and thereafter decided to leave the UK, you maybe able to apply for indefinite leave to remain immediately upon return if you return within 3 years of leaving the UK. However please use the EEA-route section for queries about the EEA-route equivalent of Permanent Residence (PR). fill in all of the mandatory sections of the form. Applying for Indefinite leave to remain (ILR) after 5 years as a spouse, civil partner or unmarried partner: £2389: Applying for Indefinite leave to remain (ILR) on the basis of long residence (after 10 years): £2389: Applying for Indefinite leave to remain (ILR) as a child whose parents are settled: £2389 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. 25 November 2010. they have their own funds under their control in the UK which equal to at least £10 million. In order to meet the requirement, you must complete and pass the test at an approved test centre. Non-EEA national family members of those exercising Treaty Rights, may also acquire permanent residence after 5 years. 10 comments October 2, 2019 9 min read. For example, they may have benefited from further education and obtained educational qualifications or they may have been working and have made tax contributions. You cannot combine Tier 1 (Entrepreneur) leave to remain with any other type of leave to meet the continuous residence requirement. 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. When a person is granted DL initially, this does not always mean a person is entitled to further leave or settlement. As he was in the UK both of these days, they do not count as absences. 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. 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). The following visas offer UK settlement, allowing holders to become eligible for ILR after 5 years of lawful status: 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. they had continuous residence in the UK for 3 years on the Tier 1 (Investor) visa route, they have personal assets with an equivalent value of at least £10 million (after liabilities), and. She was granted five years of leave. Such persons can successfully make an application for legal residence in the UK. Femi is from Nigeria. An overview of how to make an application for discretionary leave outside of the immigration rules. COVID-19 News and Travel Restrictions . Once the foreign spouse has obtained indefinite leave to remain by making an application for such a visa before the second period of a further 2.5 years has expired (a foreign national needs 5 years leave to remain in the UK before applying for indefinite leave to remain), then any divorce proceedings instituted either by the foreign or British spouse will not affect the immigration position of the foreign spouse in … the increase accumulated over a 3 year period whilst they were in the UK under Tier 1 (Entrepreneur) visa. It may be the sum of all the child’s experience and the UK may be the only home they know in any meaningful sense. Search for: Home; UK Visa. The results of this could be catastrophic. Subsequent leave could be granted if the applicant continues to meet the criteria in the current policy. You should only count whole days in this determination. the application is made within 14 days of any administrative review or appeal being decided, withdrawn or abandoned or lapsing. For Tier 2 (Intra-company Transfer) Visas. Category. As he was in the UK both of these days, they do not count as absences. Please use this section of the board for queries about Indefinite Leave to Remain (ILR). 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 for 5 years on the Tier 1 (Investor) visa route and. 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. However, those who has been granted discretionary leave for 3 years under the discretionary leave policy in place before July 2012 can continue thier stay under the same policy until they complete 6 years under the discretionary leave to apply for ILR. 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. Part 9 of the Immigration Rules specify the general grounds of refusal. However please use the EEA-route section for queries about the EEA-route equivalent of Permanent Residence (PR). 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. Under the old immigration rules before 9 July 2012, you may be able to apply for indefinite leave to remain – settlement – after 6 years of discretionary leave to remain, including a discretionary leave to remain extension. 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). She came to the UK on a visitor’s visa in 2004 but did not return to Ghana when her visa expired. You can apply for ILR on the following routes: For the majority of applicants, the required waiting period will be 5 years. The applicant must meet the following requirements: In all other scenarios, the continuous residence period is 5 years. Written by Richard Ballout. It is also vital to set out a detailed case explaining the background of the case and in particular any compelling, exceptional or compassionate circumstances that may warrant a person being granted leave to remain in the UK: for example serious medical problems where the person’s life will be at peril if returned home because only the UK can offer suitable medical treatment. Published 24 June 2013 Last updated 14 December 2015 — see all updates. With UK Indefinite Leave to Remain, you are permitted to stay in the UK without immigration restrictions. It is typically 5 years, however it can be reduced if the applicant increases their level of investment. Please use this section of the board for queries about Indefinite Leave to Remain (ILR). 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. In order to apply for ILR, an applicant must meet the requirements below. 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. Disclaimer: The above article is meant to be relied upon as an informative article and in no way constitutes legal advice. It currently takes between 2-6 months to receive a decision. 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. He left the UK on 6th January and arrived back in the UK on 22nd January. 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. But, you can apply after 3 years continuous leave in the UK if you meet certain criteria. Discretionary Leave To Remain (DLR) - 6 Years Route 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. 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. People applying under the Immigration Rules on 6th November 2014 or afterwards, can qualify for ILR if: People applying under the Immigration Rules prior to 6th November 2014, can also qualify for ILR if: People applying under the Immigration Rules on 6th November 2014 or afterwards, can also qualify for ILR if: Under this route, you can apply for ILR after 5 years continuous leave in the UK. This section is relevant irrespective of whether current status is Tiered or Non-Tiered. the applicants business must have generated at least 10 new full time jobs for people settled in the UK. The length of the person’s residence in the UK is very important. have at least £5 million of their own money under their control. 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. 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