Under UK immigration rules, certain work, business and family visas allow foreign nationals to apply for Indefinite Leave to Remain (ILR) after five years of lawful and continuous residence in the UK. Also known as Permanent Residence or Settlement, ILR allows immigrants to reside in the UK without having to extend their visas. ILR means that they can live, work and study in the UK permanently without having to apply for a further visa. It provides opportunities such as a route to citizenship and provides stability for foreign workers. Five-year ILR applications are popular as they open up a wider range of visa categories, including family visas, work visas, business visas and dependants.
Who Can Apply for a 5-year Route to ILR
Professional Individuals
Work and Business Visas enable migrants to pursue Indefinite Leave to Remain after five years. Professional businesspeople, including investors and innovators, who are contributing to the UK economy, are eligible to obtain a five-year ILR.
An investor must have invested £2 million in the UK economy, and innovators must satisfy all of the requirements stipulated in their business plan and endorsement, which may vary from case to case. Workers may also apply for ILR after five years by combining various qualifying immigration categories with the application options available for Skilled Worker Visas and those at the top of the fields they work in who are residing in the UK through a Global Talent Visa.
Furthermore, there are five-year settlement options available for individuals who are currently residing in the United Kingdom on their respective visas for various occupations, such as the International Sportsperson Visa and the Minister of Religion Visa.
Overseas Business Representatives
This settlement route is for representatives of overseas businesses, media organisations, or Turkish businessperson in the UK to work here and expand their business in contributing to the UK economy through trade.
It allows representatives of overseas businesses, or representatives of media organisations, to work here and expand their business while contributing to the UK economy through trade.
Family members
The 5-year settlement route is popular among immigrant families and dependents, which include spouses, civil partners, unmarried partners, and children of UK permanent residents.
Family members of people who hold BNO visas or have obtained settled status through the EU settlement scheme can also apply for ILR. There is also a way for parents and children of UK residents, and those holding ancestor visas (e.g. grandchildren) to apply for settlement after 5 years.
Asylum seekers
Asylum seekers who have resided in the UK for 5 years and are here as a result of persecution based on race, religion, nationality, and political opinion as well as anything else that puts them at risk because of the social, cultural, religious or political situation in their country can also apply for 5-year ILR.
Indefinite Leave to Remain After 5-Year Route Requirements
In order to be granted a five-year ILR, applicants must satisfy specific requirements. The most important requirement is five years of lawful residence in the United Kingdom on a qualifying visa. Upon nearly finishing your five-year term and contemplating the application for a five-year ILR, it is important to take into account the following additional requirements. For example, applicants must:
Additionally, there are further language requirements that must be met, they must achieve an English test certificate or qualification above the CEFR Level B1.
Requirements for Continuous Residence
Questions about how to apply for ILR after 5 years concern everyone who wishes to have the opportunity to reside in the United Kingdom permanently. However, not everyone is aware that there are government requirements that must be strictly adhered to. These requirements include:
This application process for Indefinite Leave to Remain after five years assesses the applicant's level of integration into the UK's economic and cultural life without being a burden on public funds.
Absences Which Will Not Break the Continuous Period
There are exceptions that cannot break the required continuous period for a 5-year ILR, even if the applicant fails to satisfy the requirements for applying for Indefinite Leave to Remain after 5 years. The Home Office's discretion may be requested in the following circumstances:
Short-term working and non-working (weekends) trips
The application for ILR does not consider normal and temporary trips as breaks during the five-year period. This includes annual leave or holidays for business travels or tourism purposes, which are documented and approved by the employer.
Valid reasons, such as natural disasters, illness, conflicts, etc.
The Home Office may, at its discretion, exclude a stay in another country that is due to a natural disaster, illness, or conflict from the 180-day period that is permitted for your permanent residency application. For example, if you are unable to leave a conflict zone, or if you suddenly become seriously ill or suffer a sudden injury.
Absence due to a crisis
In the event that you are unable to return to the United Kingdom as a result of a complex pandemic, volcanic eruption, flood, or other unexpected circumstance, you may be able to request the Home Office's discretion when applying for ILR after five years.
Therefore, you are eligible to submit an application provided that you have a robust legal argument and comprehensive evidence that clarifies your history and circumstances, all within the rules and permitted exceptions.
ILR After 5 Years by Combining Different Immigration Categories
Numerous individuals may be unaware of the unique flexibility of the United Kingdom's immigration system. In fact, it is possible to submit an application for Indefinite Leave to Remain (ILR) after five years by combining various immigration categories into specific applications. This enables applicants to continue their journey towards permanent residency.
Several categories can be combined to satisfy the 5-year continuous residence requirement in certain ILR applications within the field of professional and talent-based immigration. Specifically, individuals who qualify as a Skilled Worker, Global Talent, Innovator Founder, T2 Minister of Religion, International Sportsperson, and Representative of an Overseas Business.
These routes have the possibility to combine their years of residence in qualifying applications. Furthermore, this combination may offer a wide range of professionals the opportunity to obtain ILR, as it includes those who held leave as Tier 1 Migrants (such as Investor Visa or Entrepreneur Visa), excluding the Tier 1 (Graduate Entrepreneur) Migrant category.
Overall, the United Kingdom's policy regarding permanent residence for individuals seeking ILR is both inclusive and accommodating. Immigrants can more effectively and confidently navigate their journey to permanent residency by understanding the potential combinations that are available.
When Should I Apply for ILR Under the 5-Year Route?
Individuals may apply for Indefinite Leave to Remain just before or after completing the qualifying 5-year period. Applicants typically submit their ILR application five years prior to the end of their visa or 28 days prior to the expiration of their residential period, dependent upon their current residence plan.
Having a strong application on top of the Visa requirements and tests can help you obtain an ILR after five years by following a single route or combining several immigration categories. The ARIS Immigration Lawyers will advise and guide you in building a compelling case that will enable the Home Office to make a decision. We offer friendly and thorough assistance that will ensure that your application is as strong as it can be with all of the relevant and important documentation submitted in a timely and professional manner.
For expert advice and assistance in relation to an application for ILR after 5 years, a combined ILR application or any aspects of the ILR Immigration Rules, contact us on 0203 865 6219 or leave a message.