INDEFINITE LEAVE TO REMAIN (PERMANENT RESIDENCY)

‘Indefinite Leave to Remain’ (ILR) commonly referred to as ‘permanent residence’ or ‘settlement’ status can only be obtained once an individual or in some cases there dependent has spent lawfully a qualifying period under one of the categories of the UK immigration rules. The qualifying period of lawful stay in United Kingdom for most of the common immigration categories are as follows;

Immigration Category Qualifying period of stay in UK
Work Permit Holder 5 years
Tier 1 1 years
Tier 2 5 years
HSMP* 5 years
Spouse 2 years
Unmarried partner 2 years
Long Residence Rule 10 years 10 years
Long Residence Rule 14 years 14 years
UK Ancestry 5 years
Writer, composer or Artist 5 years

*The 4-year qualifying period applies only to applications made under the terms of the HSMP indefinite leave to remain judicial review policy document. Those terms apply only if you applied successfully under the highly skilled migrant programme (HSMP) before 3 April 2006. All other highly skilled migrant applications are subject to the 5-year period.

Knowledge of Language and Life

If you are eligible to apply for settlement by way of satisfying the qualifying period of lawful stay in United Kingdom, then you must fulfil the following requirement before applying for settlement;

passing the ‘Life in the UK’ test, if they speak English to a reasonable standard; or

taking and passing a course in English and citizenship, if they do not speak English.

EXEMPTIONS TO KOL REQUIREMENT

AGE

If you are under 18 years old or at least 65 years old, you are exempt from the KOL requirement. When you apply for settlement, you should send us your passport or birth certificate as evidence of your age.

DISABILITY

If you have a long-standing, permanent disability which prevents you from learning English, you may be exempt from the KOL requirement. To be exempt, you must:

be suffering from a long-term illness or disability that severely restricts your mobility and ability to attend language classes; or

have a mental impairment which means that you are unable to learn another language.

When you apply for settlement, you should send us evidence from a medical practitioner confirming your disability.

Unless you are exempt from the KOL requirement, your application for settlement will be refused without a refund of the application fee if you have not met the requirement

APPLYING

You need to choose the right form before applying for settlement. Forms are different according to your immigration category. The UK Border Agency has been applying rules relating to the provision of supporting evidence very strictly so extreme care must be exercised in making applications. There are also specific rules relating to the money you must have available to maintain yourself when you first arrive in the United Kingdom. Large numbers of applications in these categories which on their face ought to succeed are being refused because of the failure by applicants to provide all of the information and documentation requested or because of a failure to meet the maintenance requirements. It is therefore beneficial for you to apply through a legal professional who has expertise in UK immigration Law.

WE at IDICULLA SOLICITORS undertake both postal applications and Home Office Same Day premium service.Our fees only cover the cost of preparing and making the initial application. If an appeal or challenge is necessary subsequent to the submission of your application or if a separate application is subsequently required, we will agree separate fees with you. Our fee is as follows and excluding VAT and Home office fee;

OUR LEGAL FEES

Immigration Category Postal Application Same Day Premium Service Express Service Saturday Consideration
ILR work permit holder £550.00 £850.00 N/A
ILR Tier 2 £550.00 £850.00 N/A
ILR Tier 1/HSMP £650.00 £850.00 N/A
ILR Dependant (Over 18 years) £550.00 £850.00 N/A
ILR Spouse/Partner alone (if applied separately) £550.00 £850.00 N/A
ILR Domestic worker £650.00 £850.00 N/A
ILR Long Residence* £750.00 N/A N/A

Please be advised that we also charge an additional fee of £50.00 for each dependent.

* Home Office Same Day Premium Service is not available for Long Residence applications.

 

If you meet the above criteria please call us on 02380 630 905 or you may contact us online by clicking the button below:

 

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