Indefinite Leave To Remain

Indefinite Leave To Remain

PROFESSIONAL SERVICE WHEN IT COUNTS

Indefinite Leave To Remain

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KLR indefinite leave to remain
If you want to permanently live in the UK, free from visa restrictions, you will need to obtain Indefinite Leave to Remain (ILR). 

You can apply to settle in the UK once you have completed a period of time in which you have lawfully resided in the UK. This period of time will however be subject to immigration rules under each separate category as each varies. 

Although on the face of it applications for ILR seem less troubling, the Home Office rules and regulations often lead to individuals misinterpreting these rules, subsequently leading to refusal. 

By instructing our expert immigration Solicitors, you can be confident that your application will be correctly submitted. We also have a reputation for tenaciously representing people whose ILR applications have been refused.  

When can I apply for ILR?

To qualify for British Citizenship, you will need to:

The timeline for applying for ILR will depend on the type of visa you hold. 

You may apply to settle in the UK on the basis of your long residence. If you have been living in the UK legally for 10 years continuously for instance. In order to qualify, you must meet the eligibility requirements. 

If you are an EU national, you can apply under the Settlement Scheme. Provided you have lived in the UK for five years and have been exercising treaty rights. Family members of EU nationals can also apply at the same time. 

In order to apply for ILR as a partner of a British national, you must evidence that you have been either the spouse/civil partner or unmarried partner of a British national for five years and demonstrate that you meet the requirements under Appendix FM. If you have been placed in the 10 year route to settlement under the spouse route, you would also need to demonstrate that your exceptional circumstances under EX.1.

In order to apply for ILR as a Tier 1 (Investor), you must show that you have spent five years continuous residence in the UK, living and working lawfully as a Tier 1 Investor Migrant. If you have lived in the UK under a Tier 1 (Entrepreneur Migrant) Visa for five years, you can apply for ILR if you can prove that you have established, taken over or become a director of a business in the UK and operated that business.

Will my application for ILR succeed?

There are several things you can do to improve your chances of your ILR application being approved.

1. Make sure you meet the ‘continuous residence’ requirement.
  
Many applicants are refused settlement because they have been outside of the UK too long. If you have been absent for longer than the allowed length of time under the immigration route you are applying under, talk to our team about the reasons why. It may be possible to submit a compelling argument to the Home Office explaining there were compelling and compassionate reasons for your absence.

2. Ensure your residence is ‘lawful’

You cannot gain ILR unless your stay in the UK has been continuous and lawful. However, the Home Office guidance states that caseworkers have the discretion to ignore brief periods of unlawful residence. This may be particularly pertinent to applications under the 10 year long residence route. We can advise you on writing a detailed letter explaining the duration of your unlawful residence and the reasons for it.

3. Make sure you submit the right documentation.

We will carefully check your application to ensure you have all the documents required and they are submitted in the right order. And if your application has been refused, we will tenaciously fight to have the refusal overturned, so you can get on with making the UK your permanent home.

For a consultation regarding your Indefinite Leave to Remain application or refusal, please call us on 0208 300 6666 or complete the form below.

30 Minute Free Consultation

Sound legal advice is based on years of training, hard work, and passion, as well as familiarity with legislation and precedent and sound consideration. You’ll find all that and more at KLR Solicitors. 

We are currently only taking on Family Law, Conveyancing, Immigration, Wills & Probate work.


If you are looking for Legal aid that can help meet the costs of legal advice, family mediation and representation in a court or tribunal, please go to this link first to check your eligibility on the Gov.uk website.

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