Last Updated on July 17, 2024 by Ali Hamza
ILR, or indefinite leave to remain, is for applicants and their dependents to qualify for ILR, also known as Permanent residence (PR). It is essential before getting British citizenship. You can stay in the UK indefinitely to work, study, or reside if you have ILR. After 5 years or sixty consecutive months of residence in the UK under a category such as Appendix FM, Appendix EU, Sole Representative, Tier 1 or Tier 2, you may apply for ILR.
Are you wondering how to apply for ILR after 5 years? In this article, My Legal Services, well-known immigration solicitors in London, give you complete information.
Table of Contents
Eligibility For ILR
Most categories require a 5-year residency or 60 months in a row of residency. For example, persons with Tier 1 visas can apply for ILR after 2 or 3 years if they fulfil the appropriate immigration rules’ requirements.
Majority of the time –
- In each of the 5 qualifying years following the date of your application, you must not have spent more than 180 days outside the UK (this restriction does not apply to the Appendix FM route if the couple was cohabiting outside the UK or if there are compassionate and compelling circumstances);
- You have “Good Character,” and your application does not fulfil the criteria for general rejection;
- You have demonstrated sufficient knowledge of UK living by passing the “Life in the UK” test and
- You satisfy the English language requirement at level B1 of the Common European Framework of Reference for Language unless exempt.
Those who applied for permission to stay in the UK as a spouse or partner before July 9, 2012, and are either married to, in a civil partnership with or otherwise settled there must fulfil the requirement of 2 years of continuous residence in the UK.
How to apply?
Applying is possible online. If you are a partner of a British Citizen or one who has settled in the UK, you may use the SET (M) form. Others can use the SET (O) form to apply.
When to apply?
Before your existing visa expires, you must apply. The application deadline is 28 days before the last day of your permitted stay in the UK. If you entered the UK within three months of receiving permission, your permitted time in the country is calculated from either the day you arrived or received that permission. You would need to extend your stay to finish the 60 months or 5 years if you didn’t enter the UK within 3 months of getting the visa or grant.
Documents Required for ILR
Everyone’s circumstances are unique, and several documents apply in every situation. However, the following general paperwork is required when applying for Indefinite Leave to Remain (ILR) after 5 years:
- Your passport or other types of travel documentation as proof of identity.
- Bank statements or pay stubs to verify your current income level and show your ability to support yourself and any dependents (if any).
- Your passport or other types of travel documentation as proof of identity.
- Biometrics.
- Days spent outside of the UK.
- English language test certificate.
Applying with dependents
A child may submit an application with their parents after spending 60 months in the UK. However, when the parents have got ILR, children born in the UK can apply for Registration to become British citizens. Children older than 18 must submit a separate application, fulfil English proficiency standards, and pass the Life in the UK test.
Brexit’s Impact on Citizens of the EU, EEA, and Switzerland
After the UK decided to exit the EU in 2018, things changed.
Since the UK will be leaving the EU, it has now decided to treat all non-British citizens equally, including those from the EU, EEA, Switzerland, and other countries. However, citizens of the EU, EEA, and Switzerland who are currently residing in the UK may apply under the EU Settlement Scheme (EUSS) for either “Settled Status” or “Pre-settled” status, depending on how long they stay in the country.
Conclusion:
An early review of your proposed ILR application can help you choose the best way to meet the requirements and gather the paperwork you need to support your application. Anytime applying for Indefinite Leave to Remain ILR after 5 years, you are welcome to contact My Legal Services, a Immigration solicitors near me for assistance. My Legal Services have a team of professionals that will give you complete legal help throughout the application procedure and ensure the success of your ILR application.
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