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 ILR on the basis of having completed the required time period and compliance with the relevant immigration rules.
Compliance with requirements
The applicant must provide evidences confirming that he has fully complied with all the conditions and requirements of this immigration category throughout the five years’ time.
The applicant must have spent a continuous period of:
- 3 years lawfully in the UK, if their last endorsement by a Designated Competent Body was under that body’s criteria for “exceptional talent”, as set out in Appendix L, or
- 5 years lawfully in the UK, if their last endorsement by a Designated Competent Body was under that body’s criteria for “exceptional promise”, as set out in Appendix L;
The relevant continuous must have been spent with leave in one of the following categories:
- Tier 1 Migrant (excluding as a Tier 1 (Graduate Entrepreneur) Migrant; or
- Tier 1 (Post-Study Work) Migrant) ; or
- Tier 2 Migrant (excluding as a Tier 2 (Intra-Company Transfer) Migrant).
Absences from the UK
The home office has become quite generous in allowing absences for maximum 6 months in a year, provided the applicant is able to provide evidence that such absences (if that long) were work or business related.
English Language Knowledge for ILR
You can prove English language requirements by having either:
- an English qualification at B1, B2, C1 or C2 level
- a degree taught or researched in English
- national of an English-speaking country
Life in the UK Test for ILR
Another important part of fulfilling the knowledge of language and life requires you to pass the Life in the UK test.
The test is required under the Nationality, Immigration and Asylum Act 2002 and taken in order to test the knowledge of British life and sufficient proficiency in the English language.
Spouse / Civil Partner / Unmarried Partner of the applicant and their children who are already on dependant visas, may also apply for ILR provided they also fulfil relevant criteria. If the partner has joined them before 09th of July 2012, he or she must have remained in the UK for two years’ time, otherwise he / she must have completed at least 5 years of residence in the UK as the applicant`s dependant, in order to apply for ILR.
If the dependants have not completed the required time period then they would need to apply for further leave to remain application while the main applicant may proceed to apply for ILR.
Administrative Review / Judicial Review
Refusal of Indefinite Leave to remain Application
If the Indefinite leave to remain application is refused by the Home office, the applicant is be given a right of administrative review of the decision that must be exercised within 14 days of the date of service of decision. There will not be any general right of appeal against any such decision made by the home office. If the administrative review also fails, the matter then can be taken to the Upper Tribunal by lodging judicial review proceedings.
How our Immigration Solicitors can help you in applying for ILR on the basis of residence under Tier 1 Exceptional Talent Visa?
Our team of UK Immigration Lawyers can expeditiously deal with ILR Tier 1 Exceptional Talent Visa Applications.
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. Immigration Lawyers at Chauhan Solicitors shall provide you with best possible Immigration advice / consultation and accordingly shall prepare your ILR application 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;
- We are registered with Information Commissioner’s Office (ICO) for data protection that means our client’s information is confidential and safe with Chauhan Solicitors.
- Our Immigration offices are centrally and conveniently located in Wandsworth, south west London (SW17) near Tooting Bec Tube and Tooting Broadway stations on Northern Line, offering our clients easy access to our offices. Our Immigration lawyers are within just 20 minutes away from central London by tube.
- Our existing and former clients believe that we provided them value for money and that they can trust us with their immigration applications to the Home Office, Appeals to the Immigration Tribunals, Judicial Review applications etc. You may find our client’s review in the Testimonial section on our website or on Google.
Our Immigration Lawyers shall discuss your Application for ILR application of the basis of Tier 1 Exceptional Talent and advise you on the required documents and procedure.
- Our Immigration Lawyers have teamed up with the best Immigration Barristers in and out of London who are well equipped to advise on any complicated Bail application matters including lodging Judicial review or obtaining injunction orders from the High Court.
- It will be our aim to keep you posted at all material times during pendency of your matter, for this matter our clients can log on our website and keep a close eye to the progress of their immigration matter at any time.
- Our fees are competitive and we charge you in your immigration matters on agreed fee basis.
- We shall never surprise you with hidden charges/fees.
You can contact us at 0203 514 2536 or email@example.com and one of our team members will be in touch with you shortly. Or in emergency we can be contacted at 07817897184.