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 seek public funds. Here we will discuss about applying for ILR on the basis of having completed 10 years of legal and continuous residence in the UK in accordance with the relevant immigration rules.
The main requirements of this visa application are having legal and continuous residence in the UK for 10 years.
It means continuous residence pursuance to:
- existing leave to enter or remain; or
- temporary admission within section 11 of the 1971 Act (as previously in force), or immigration bail within section 11 of the 1971 Act, where leave to enter or remain is subsequently granted; or
- an exemption from immigration control, including where an exemption ceases to apply if it is immediately followed by a grant of leave to enter or remain.
Lawful residence is considered to be broken when the applicant is:
- has been removed under Schedule 2 of the 1971 Act, section 10 of the 1999 Act, has been deported or has left the United Kingdom having been refused leave to enter or remain here; or
- has left the United Kingdom and, on doing so, evidenced a clear intention not to return; or
- left the United Kingdom in circumstances in which he could have had no reasonable expectation at the time of leaving that he would lawfully be able to return; or
- has been convicted of an offence and was sentenced to a period of imprisonment or was directed to be detained in an institution other than a prison (including, in particular, a hospital or an institution for young offenders), provided that the sentence in question was not a suspended sentence; or
- has spent a total of more than 18 months absent from the United Kingdom during the period in question
If you have overstayed for a brief period of time (i.e. less than 28 days) before 24 Nov. 2016 or less than 14 days after 24 Nov. 2016, your leave is still considered to be continuous.
One can apply for settlement if he/she has been in the UK legally for 10 continuous years or more providing they meet all the eligibility requirements. If you complete 10 years of your residence in the UK whilst your other application is pending, you may vary that application to rely on your 10 years of legal and continuous residence in the UK.
The applicant will need to reside in the UK for at least 10 years which start from the date when he / she first entered the UK. They can however make their applications 28 days before completing their 10 years in the UK.
The maximum absences allowed for the applicants making their ILR application on the basis of 10 years residence, is 18 months in total. And each of their absences must not exceed 6 months in one go.
The applicants are required to provide evidence of the above which is at present fulfilled by passing life in the UK test, they would additionally be required to provide evidence of ability to communicate in English language at level B1.
If the home office refuses ILR application for some reason, the applicant is granted full rights of appeal which must be lodged to the First Tier Tribunal Immigration and Asylum Chamber. Please read more information about the appeal procedure in the Appeals section.
We can arrange for super priority service for this application and represent our clients in getting their ILR expeditiously, by making sure that all requirements are met and making appropriate representations. The UK visa standard service takes around 3-4 months while the UK visa super priority service gets you the decision within 24 hours.
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.