Settling in the UK - What ILR Applicants Need to Know
According to data, 63,941 non-EEA migrants were granted
settlement - Indefinite Leave to Remain (ILR) - in 2017. This was a 5% increase
over 2016.
There are numerous paths to ILR. You must be clear about
which route applies to you, that you meet all of the ILR requirements under
that route, and that you follow the proper application process.
Examine your eligibility
Among the requirements are:
Constant residency. The length of time you must have spent
in the UK to qualify will be decided by your current visa category.
Tier 2 (General) visa holders, for example, will be able to
apply for ILR after five years of continuous residence in the UK.
You must have a valid
Tier 2 visa and have previously applied for and been granted a visa extension.
Long residency, on the other hand, necessitates at least ten years in the UK in
order to be eligible for settlement.
Passing the Life in the UK exam to demonstrate your
understanding of British traditions and customs.
The exam is administered at a testing facility near you. To
take the test, you must pay a price. If you fail the test, you can retake it.
Demonstrate your command of the English language.
Depending on your
situation, you may also be required to take a language test at a local test
centre.
Even if you are convinced that you meet the requirements,
there are no guarantees of success. Your application is still subject to general
conditions, which include:
The good character examination. If you have any criminal
convictions from anywhere in the world, seek expert guidance to ensure you are
giving all relevant information in your application.
Absences that are excessive. You may be ineligible if you
have been away of the UK for longer than the relevant criterion during your
qualifying period.
How to Apply for Indefinite Leave to Remain in the United States
Fill out the appropriate application form:
If you are currently in the UK under one of the listed visa
classifications, enter (O).
Set (M) if you are a partner, parent, or child of a British
citizen or a person who has previously settled in the UK.
The date you can file for ILR is determined by the type of
visa you have and its expiration date. In any case, you should apply before
your existing visa expires to avoid overstaying.
The application process is time-consuming. In addition to
filling out the form, you will need to gather and submit original copies of
documentary evidence to confirm your eligibility.
If your application is denied, you will lose your
application money as well. Depending on your circumstances, you may need to act
quickly to file a new application, either for ILR or another category, to avoid
'overstaying' or having to leave the UK.
Is it possible to lose your indefinite leave to remain?
In some instances, Indefinite Leave to Remain can be
revoked. As an example:
If you have been away from the UK for more than two years.
It may be possible to reapply for a Returning Resident visa and re-enter the UK
to settle.
If you have committed a felony that may result in
deportation, If it is later discovered that you obtained ILR via deception,
Is indefinite leave remain the best option for you right now?
Given the severe nature of the ILR eligibility requirements,
applying for further leave to remain rather than a settlement may be more
appropriate in your circumstances or at the moment.
For example, if you have an unspent criminal conviction,
including relatively minor traffic offences, you may need to wait a certain
amount of time between the time of the offence and the time of your
application.
You will also be unable to travel with your passport while
your application is processed, which might take up to six months.
Some visa categories may be eligible for same-day
processing, although this is expected to be oversubscribed, and there will be a
waiting list.
Getting professional guidance with your ILR application will
help you meet the tight eligibility criteria and submit the necessary
documentation, avoiding the money, stress, and disappointment of a denied
application.
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