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. Here we will discuss about applying for Indefinite Leave to Remain on the basis of having completed the required time period and compliance with the relevant immigration rules.
If you have unmarried partner visa and have completed 2 or 5 years of residence in the UK (subject to the date of your initial application i.e. before or after 09th of July 2012), you can make your Indefinite Leave to Remain application.
The applicants need to provide evidences that he / she continues to meet the suitability / eligibility / income criteria and also fulfil other requirements. There are several requirements that need to be met to qualify for this visa and even a minor mistake or absence of a necessary document may result in the refusal of the application.
The applicant will need to reside in the UK for at least 2 years which start from the date when he / she first entered the UK or first granted leave to remain. They can however make their applications 28 days before completing their 2 years in the UK. This is the case for those who entered the UK or given leave on the basis of rules in place before 09th of July 2012.
For those, who obtained leave on the basis of rules in place on or after 09th of July 2012, they need to complete 5 years of residence and also fulfil all the criteria given regarding suitability, eligibility, financial requirements and other more stringent rules.
The applicant and his sponsor needs to provide evidences that both of them have been in a subsisting relationship throughout the 5 years’ period and intend to live together permanently.
The applicant and his / her sponsor must provide evidence of having earned at least £18,600 in the last 12 months plus an additional £3800 for the first child and an additional £2400 for each additional child (if children are also applying to come with the applicant). This amount can be earned through employment / self-employment of the partner in the UK or through one of the following specified sources of incomes.
- They may also use their savings that have been maintained for over 6 months` period. The first £16000 of savings are not counted while the rest of the balance needs to be divided by 2.5 to come up with a figure that can be used towards fulfilling the requirement of £18,600
- They may also use their specified pension income
- They may also make use of maternity allowance or bereavement income received by the partner of the applicant, in the UK
- Other specified income of the applicant or his / her partner
The applicant does not need to provide any specific level of earnings only if his partner is in receipt of one or more of the following:
- Disability Living Allowance
- Severe Disablement Allowance
- Industrial Injury Disablement Benefit
- Attendance Allowance
- Carer`s Allowance
- Personal Independence Payment
The applicant’s partner would however need to provide evidences of having adequate funds for the maintenance and accommodation without recourse to public funds.
Unless, exempt due to being over 65 years of age, disability (physical or mental or other exceptional circumstances, the applicant also needs to provide evidence that he either:
- Has passed an approved English language test at B1 level; or
- Is a national of one of the specified English speaking countries; or
- Has passed Bachelors or Masters or PHD degree which was taught in English.
In addition to the English language requirement, the applicant is also required to pass life in the UK Test.
The maximum number of absences allowed is 3 months in a year. Any periods of longer absences need to be properly explained. The applicants are not allowed to add time spent on one any immigration categories.
We can arrange for super Priority service for this application and represent our clients in getting their Indefinite Leave to Remain expeditiously, by making sure that all requirements are met and making appropriate representations.
Our Immigration Solicitors can expeditiously deal with your immigration matters by advising on the merits of visa applications, required documentation and relevant procedures.
Mr. Intisar Chauhan, Principal Solicitor at Chauhan Solicitors, is an expert Immigration Solicitor in London who has been dealing with UK Immigration Laws since 2003. Our Immigration Solicitors shall provide you with best possible Immigration advice / consultation and accordingly shall prepare your immigration matter under direct supervision of Mr Chauhan. After consultation, if you want us to start preparing your case, you can expect the followings from our Immigration lawyers:
- Our immigration solicitors will discuss the details about your immigration matter, assessing the merits and advise you on the law, procedure and other requirements for the whole process.
- Our immigration solicitors shall keep you updated on the progress of your immigration matters and advise on any procedures involved and give time estimates and merits throughout the pendency of your immigration matters.
- Our immigration solicitors shall also advise on alternative immigration options where you may be eligible to switch into which may be more beneficial.
- Our immigration solicitors are based in central London (EC2Y 9ST) and are therefore based in convenient access of clients from all over London and even from outside London.
- Our immigration solicitors are specialist immigration solicitors who are able to handle all types of immigration work including entry clearance applications, further leave to remain applications, Indefinite Leave to remain applications, Immigration Appeals, Judicial Reviews, EEA applications, Settled and Pre-settled applications, Immigration bail applications and other complex immigration matters.
- Our immigration solicitors are one of the best immigration solicitors in London as several of our clients have stated in their reviews of our services.
- Our immigration solicitors have teamed up with the best immigration barristers in and outside London who are immigration specialists and well equipped to represent our clients in any complex immigration matters.
- Our immigration solicitors charge on an agreed basis (except Judicial Review matters) which is competitive and never surprise you for any other hidden fees or costs involved.
Our Immigration Solicitors are just a phone call or an email away and are available at 0203 514 2536 or firstname.lastname@example.org and once in contact, be assured that you will be in safe hands.