Indefinite Leave To Remain UK
Mr. Sajjad Kayani
Overview
Indefinite leave to remain in the UK or ILR is a status that allows individuals to reside in the country indefinitely without restrictions. The team at Kayani Legal, a Firm of Solicitors, has extensive experience in helping clients obtain indefinite leave to remain in the UK.
Kayani Legal has the expertise and knowledge to assess your eligibility and guide you through the process. Our team of solicitors will work closely with you. We want you to know that your application for indefinite leave to remain in the UK application triggers high chances of success.
Table of Contents
Indefinite Leave to Remain (ILR) UK: Requirements
It would be best if you met and were in compliance with the requirements to be eligible for ILR, including:
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Length of Your Residency: It is pivotal that you must have lived in the UK for a minimum of five years. Hence, and for investor visas, this may be reduced to two years.
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No Criminal Record: You must not have a criminal record for five years before applying. You must not have breached any immigration laws too.
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English Language: You must have a good knowledge of English and prove it by passing the Life in the UK and English language tests.
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Financial Requirement: You must be able to support yourself without claiming public funds.
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Good Character: You must be of good character and not pose a threat to national security.
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Continuous Residency – It Matters: You must not have left the UK for over 180 days. It again must be in any given year during the qualifying period for ILR or indefinite leave to remain.
The Process: Applying for Indefinite Leave To Remain UK
Once you have met the eligibility criteria for ILR in the UK, you can start the application process. The process to lodge an ILR application is straightforward. However, you must execute and provide all the evidence to support your application correctly.
The Process: Applying for Indefinite Leave To Remain UK
Once you have met the eligibility criteria for ILR in the UK, you can start the application process. The process to lodge an ILR application is straightforward. However, you must execute and provide all the evidence to support your application correctly.
The Process: Applying for Indefinite Leave To Remain UK
Once you have met the eligibility criteria for ILR in the UK, you can start the application process. The process to lodge an ILR application is straightforward. However, you must execute and provide all the evidence to support your application correctly.
How to Apply for Indefinite Leave To Remain UK
01. Introduction
Applying for Indefinite Leave to Remain (ILR) in the UK can be a significant milestone in your journey towards permanent residency. To help you navigate the process, Kayani Legal has compiled this step-byPlease follow these instructions carefully to ensure you have a chance of a successful application.
02. Determine Your Eligibility for Indefinite Leave To Remain UK
Before you start, ensure you meet the following criteria:
- You have lived in the UK legally for the required qualifying period, typically five years for most visa categories.
- You have not breached any immigration rules during your stay.
- You have sufficient knowledge of the English language and Life in the UK.
- You can demonstrate your “good character.”
03. Choose the Correct Application Form
Select the appropriate application form based on your visa category:
- SET(M): For spouses or partners of British citizens or individuals with ILR.
- SET(O): Tier 1 or Tier 2 visa categories are used for most work.
- SET(LR): Those applying based on long residence, usually after ten years of continuous lawful residence.
04. Complete the Application Form
Carefully fill in the relevant form, providing accurate and up-to-date information. Ensure that you:
- Answer all questions fully and truthfully.
- Provide your details, immigration history, and employment status.
- Declare any criminal convictions or issues that might impact your character assessment.
05. Gather Supporting Documents for Indefinite Leave To Remain UK
Collect all necessary documents to support your application, including:
- A valid passport or travel document.
- Biometric Residence Permit (if applicable).
- Evidence of meeting the financial requirements (e.g., payslips or bank statements).
- English language test results and Life in the UK test pass certificate.
- Any other documents relevant to your visa category (e.g., employment or sponsorship letters).
06. Pay the Application Fee and Health Surcharge:
Submit the required fees for your application:
- Application fee: The current price is £2,389 (subject to change).
- Immigration Health Surcharge: Depending on your circumstances, you may need to pay this fee for access to the NHS.
07. Attend a Biometric Appointment
After submitting your application, you must book and attend a biometric appointment to provide your fingerprints and photograph. It will be used for your Biometric Residence Permit (BRP).
08. Submit Your Application and Documents
Once you have completed the form, paid the fees, and attended your biometric appointment, submit your application and supporting documents. You can do this online or via post, depending on the method specified for your application type.
09. Await the Decision
The processing time for ILR applications varies, but you can generally expect a decision within six months. It would help if you did not leave the UK for extended periods during this period, as this may affect your continuous residence requirement.
Conclusion
Applying for Indefinite Leave to Remain is a complex process, but with careful preparation and attention to detail, you can improve your chances of success. Consider consulting with the experienced solicitors at Kayani Legal for expert assistance with your application. We are here to guide you through each step, ensuring your application is accurate, complete, and compliant with all relevant immigration rules.
Appointment Scheduling & Biometric Data Submission
To apply for ILR, you must book an appointment and submit your biometric data, including fingerprints and a digital photograph. This information is crucial for identity verification and will be stored on a Biometric Residence Permit (BRP). Kayani Legal can guide you through the appointment scheduling process and help you prepare for your biometric data submission.
Application Fees & Processing Times
The application fees for ILR vary depending on your visa type and application method. Standard ILR applications typically cost around £2,389, with additional fees for expedited processing. Processing times range from a few weeks to several months, depending on the complexity of your case.
Payment Methods
The UK Home Office accepts payment via credit or debit card, bank transfer, or postal order. Ensure that you have a suitable payment method available when attending your appointment.
Document Requirements
A successful ILR application requires a range of documents, including:
- A valid passport or travel document
- Evidence of your current visa or leave to remain
- Proof of continuous residence in the UK
- Evidence of English language proficiency
- Life in the UK test pass certificate
- Financial documentation, such as bank statements and payslips
- Employment or self-employment evidence
Covering Letter Template
A well-crafted cover letter can strengthen your ILR application by providing context and highlighting key aspects of your case. Kayani Legal can help you draft a compelling cover letter tailored to your circumstances.
Tips for a Successful Application or Appeal
To maximize your chances of a successful ILR application, follow these tips:
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Provide complete and accurate information in your application.
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Ensure all documents are up-to-date and well-organized.
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Demonstrate compliance with UK immigration law and any conditions of your current visa.
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Seek professional guidance from experienced solicitors like Kayani Legal.
Common Reasons for Refusals
ILR applications may be refused for various reasons, such as:
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Incomplete or inaccurate information in the application
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Insufficient evidence of continuous residence in the UK
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Criminal convictions or immigration-related offences
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Failure to meet the English language or Life in the UK test requirements
Visa Extensions and Changes
If your circumstances change or you require additional time to meet ILR eligibility requirements, Kayani Legal can assist you in extending your current visa or switching to a different visa category.
Rights and Restrictions
ILR grants numerous rights, such as unrestricted work and study in the UK, access to public services, and the ability to apply for British citizenship. However, ILR can be revoked if you commit serious crimes, threaten national security, or spend extended periods outside the UK.
Case Laws on Indefinite Leave to Remain UK
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R (on the application of Alvi) v Secretary of State for the Home Department [2012] UKSC 33
This case established the need for policy rules to be laid before Parliament to be enforceable.
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R (on the application of Quila and Bibi) v Secretary of State for the Home Department [2011] UKSC 45
The court ruled that the minimum age requirement for spouses was disproportionate and unjustified.
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R (on the application of Chen) v Secretary of State for the Home Department [2015] EWHC 225
This case clarified the proper approach to applying the ‘good character’ requirement for Indefinite Leave to Remain (ILR) applications.
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R (on the application of Iqbal) v Secretary of State for the Home Department [2015] EWCA Civ 838
The court ruled that ILR applications could not be refused based on an applicant’s inability to provide evidence of lawful residence.
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R (on the application of Rajendran) v Secretary of State for the Home Department [2011] EWCA Civ 194
The court held that an applicant’s previous immigration history should be considered when determining ILR eligibility.
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R (on the application of MM) v Secretary of State for the Home Department [2017] UKSC 10
The court found that the minimum income requirement for ILR applications was lawful but could lead to disproportionate results in some cases.
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R (on the application of Chikwamba) v Secretary of State for the Home Department [2008] UKHL 40
The court ruled that applicants should not be forced to leave the UK to apply for ILR from abroad in certain circumstances.
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R (on the application of Ghulam) v Secretary of State for the Home Department [2013] EWCA Civ 1566
The court clarified the importance of considering the best interests of a child when deciding on an ILR application.
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R (on the application of Ganesabalan) v Secretary of State for the Home Department [2018] EWCA Civ 364
The court held that ILR applications should be allowed based on an applicant’s lack of evidence of continuous residence.
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R (on the application of ZH) v Secretary of State for the Home Department [2011] UKSC 4
The court established that the child’s best interests must be a primary consideration in ILR applications involving children.
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R (on the application of Ahmed) v Secretary of State for the Home Department [2017] EWCA Civ 99
The court ruled that the language requirement for ILR applications was lawful and proportionate.
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R (on the application of Akhtar) v Secretary of State for the Home Department [2013] EWHC 1166
The court held that the Secretary of State must consider the facts and circumstances of each ILR application on its merits.
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R (on the application of Izuazu) v Secretary of State for the Home Department [2013] EWCA Civ 22
The court ruled that an applicant’s private and family life must get considered when considering ILR applications.
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R (on the application of Johnson) v Secretary of State for the Home Department [2016] UKSC 56
The court held that the ‘good character’ requirement for ILR applications could not be applied retroactively to criminal convictions.
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R (on the application of Kaur) v Secretary of State for the Home Department [2019] EWCA Civ 1101
The court ruled that a genuine marriage, even if entered into for immigration advantage, can still form the basis for an ILR application, provided that the relationship is genuine and subsisting.
Case Studies and Success Stories
Overcoming Good Character Concerns
In one instance, Kayani Legal represented a client seeking Indefinite Leave to Remain (ILR) in the UK. The client had a minor criminal conviction several years prior, which challenged their application due to the “good character” requirement. Our team devised a strategy to present evidence of rehabilitation, including character references and proof of the client’s positive contributions to their community. Kayani Legal secured ILR for the applicant despite the initial concerns surrounding their past behaviour by effectively demonstrating the client’s remorse and commitment to a law-abiding life.
Demonstrating Genuine Spousal Relationships
In another case, Kayani Legal assisted a client in applying for ILR as the spouse of a British citizen. The couple had experienced periods of separation due to work commitments, raising doubts about the genuine nature of their relationship. Our team gathered robust evidence, including shared financial documents, correspondence, and statements from friends and family, to demonstrate the couple’s genuine and enduring relationship. As a result, Kayani Legal successfully secured ILR for the applicant, highlighting the importance of a well-prepared application that addresses potential concerns.
The Best Immigration Law Firm for Your Premium UK Visa Application
Kayani Legal, Premium Application Solicitors, is a leading UK immigration law firm specialising in premium visa applications. Our team of experienced solicitors and immigration experts can help you navigate the complex UK visa system, advise on the best premium service for your application, and provide expert guidance on the requirements and process of your visa application.
With a strong track record of successful premium visa applications and a commitment to delivering exceptional service, Kayani Legal is your trusted partner for your premium UK visa application. Our solicitors will assist with the following:
- We guarantee your application will be processed promptly and professionally.
- Why book a same-day or postal appointment with us
- 99% success rate, based on our assessment since 2006.
- Easy to manage the appointment process. We handle all the stress of securing an appointment in England, Wales or Scotland.
- Cost-effective, professionally prepared application produced as per your instruction.
Preparation
- Submission with your approval.
- Our professionally prepared cover letter features other representations according to the complexity of your matter.
- Chase up Home Office and maintain an extremely high standard of the profession.
- Keep you posted at every stage of your case.
- Keep the entire scan file of the application, sending you an immediate e-mail copy once posted to the Home Office.
UK case laws on premium immigration applications
- R (On the Application of Mandalia) v SSHD [2015] UKSC 59: Clarification on evidential flexibility in immigration applications.
- R (On the Application of Rodriguez) v SSHD [2014] EWCA Civ 2: Assessment of immigration applications and the “continuous residence” requirement.
- Paposhvili v Belgium [2016] ECHR 1113: Human rights considerations in medical cases and removal decisions.
- Agyarko and Ikuga v SSHD [2017] UKSC 11: Immigration rules on private life and “insurmountable obstacles” test for partner applications.
- R (On the Application of Alvi) v SSHD [2012] UKSC 33: Impact of policy guidance in relation to Tier 2 applications and the “Points-Based System.”
- R (On the Application of Kaur) v SSHD [2019] EWCA Civ 1101: The validity of English language testing in immigration applications and the impact of fraud allegations.
- R (On the Application of TN (Vietnam)) v SSHD [2018] EWCA Civ 2838: Consideration of “best interests” of the child in immigration applications involving families.
- R (On the Application of Hysaj) v SSHD [2017] UKSC 82: Requirements for naturalisation applications, particularly “good character” and deception.
- R (On the Application of MM (Lebanon)) v SSHD [2017] UKSC 10: Income requirements for spouse/partner visa applications and human rights implications.
- R (On the Application of Tigere) v SSBIS, Secretary of State for Business, Innovation and Skills [2015] UKSC 57: Eligibility for student financial support and the impact of immigration status.
Find Your Answer
Frequently Asked Questions
Premium service in VFS is a paid service offered by VFS Global that provides a faster and more convenient way to submit visa applications. It includes priority processing and often has additional benefits, such as dedicated application counters and private waiting areas.
UK visa premium service is a paid service offered by the UK government for applicants who want their visas processed faster than through the standard application process. The premium service is available for select visa categories such as Tier 1, Tier 2, Tier 4, and Settlement visas.
The processing time for a BRP card under the premium service varies, but it typically takes a few hours to process. Applicants can collect their BRP card on the same day.
The processing time for a premium visa service varies, but it typically takes a few hours to process.
To get VFS premium service, you can book an appointment online or at a VFS application centre. An additional fee is applicable.
The processing time for a UK premium visa varies, but it typically takes a few hours to process.
Premium visa service is a paid service offered by governments or visa application centres that provides a faster and more convenient way to get visas processed. It often includes priority processing and additional benefits such as dedicated application counters and private waiting areas.
Priority service for ILR may be available in some cases, but this depends on the UK government’s processing times and priorities. It is best to check the current processing times and availability of priority services directly with the UK government.
The fastest way to get ILR in the UK is to submit a complete and accurate application, and all required supporting documents as soon as possible. In some cases, priority service may be available for ILR applications, but this depends on the UK government’s processing times and priorities.
Whether you need to pay the NHS surcharge for ILR depends on your circumstances, such as your visa category and length of stay in the UK. It is best to check the current requirements and fees directly with the UK government.
The processing time for immigration applications varies depending on the application type, your case’s complexity, and the Home Office’s workload. Our immigration lawyers will provide an estimated timeframe based on your circumstances.
Whether you can fast-track BRP replacement depends on the specific circumstances and reasons for the replacement. It is best to check the current requirements and options for fast-tracking directly with the UK government.
You can check the status of your BRP by contacting the UK government directly.
Premium processing does not guarantee visa approval. The government decides to approve or deny a visa based on the merits of your application.
Why Us
Hence, the UK immigration system can be challenging, but with the guidance of Kayani Legal, you can confidently submit a premium immigration application to the UK Home Office. For personalised assistance with your immigration needs, don’t hesitate to contact our expert solicitors at Kayani Legal.
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