In order to apply for Indefinite Leave to Remain (ILR) in the UK, you must satisfy the eligibility requirements, which include a minimum period of continuous residence with lawful status and other requirements. On the status of Indefinite Leave to Remain (ILR), you will be free to live in the UK without restrictions on your time or activities and you will no longer be subject to immigration control. The only restriction is that you should not be absent from the UK for more than two years at a time.
Most visa holders may apply for indefinite leave to remain (ILR) after 5 or 10 consecutive years of residence.
There are a number of immigration categories where it is possible to qualify for indefinite leave to remain (ILR) after 5 years. Most of these immigration categories are that you should not spend more than 180 days abroad at any 12-month period during the 5 years. The immigration categories for which you can apply for ILR after 5 years generally include business, employment, and family-related visas.
Business Related Settlement in the UK
There are a number of investment, business, and work-related settlement routes which allow an individual to apply for ILR after 5 years lawfully in the UK, including:
ยท ECAA Turkish Worker or Business Person Visa
Accelerated Business Route for Settlement less than 5 years Route
There are also a number of immigration routes that allow an applicant to secure indefinite leave to remain ILR after 5 years, but also have accelerated routes to settlement after 2 or 3 years:
Individuals on the Innovator route are eligible to apply for indefinite leave to remain after spending 3 years in the category, but time spent in the Start-up route will not count as part of this 3 year ILR qualifying period.
Employment Related Settlement in the UK
Workers can also apply for a 5-year route towards ILR with application options available.
Combining Work and Business Period to Reach 5 years Settlement
In some immigration categories, it is possible to rely on time spent in different categories to qualify for ILR after 5 years. For example, Skilled Worker migrants could combine time spent in this category with time spent on the following routes to qualify for ILR after 5 years: Global talent, Innovator, T2 Minister of Religion, International Sportsperson, Representative of an Overseas Business, Tier 1 Entrepreneur Scale-up.
Certain routes will not allow for a combination of time spent on other routes to meet the settlement residency requirements to be met, as such individuals will need to ensure they spent the entire ILR qualifying period in that route. The routes are:
Individuals will need to ensure that they spend the entire qualifying period in the routes identified directly above to ensure that they meet the residency requirements.
Family Related Settlement
The 5-year route is also possible for family members with applications available for those who are the spouse civil partner, proposed civil partner, and unmarried partner of a permanent UK resident.
Dependant Family members
Dependents (civil partners, spouses, unmarried or same-sex partners) and children (under the age of 18) of the principal applicant on the visa routes covered above may apply for settlement together if they meet the required criteria.
Children under the age of 18 can apply for ILR regardless of how long they have been in the UK, where one or both parents hold ILR.
For expert advice and assistance in relation to ILR requirements and applications or to discuss your options, contact us at 0203 865 6219 or send a message.