Indefinite Leave to Remain

You may be eligible to qualify for Indefinite Leave to Remain (ILR) / Settlement in the UK after a certain period of time. Depending on the visa category you are currently under, you might be eligible to settle in the UK after two, three, five or ten years. Moreover, you might be able to combine different visa categories when applying for settlement. Your dependents may be eligible to apply for an ILR in line with you or having completed lawfully five years in the UK.

You can submit a settlement application up to 28 days before you would reach the end of the specified period.

Applying for Settlement after two years

 

Tier 1 (Investor) visa – this option might be available to you if you have invested at least £10 million by way of United Kingdom Government bonds, share capital or loan capital in active and trading UK registered companies

Applying for Settlement after three years

Tier 1 (Investor) visa – if you have invested at least £5 million by way of United Kingdom Government bonds, share capital or loan capital in active and trading UK registered companies, you might be eligible to qualify for an ILR after 3 years of lawful residence in the UK

Tier 1 (Entrepreneur) visa – if you have spent continuous period of 3 years lawfully in the UK and have created the equivalent of 10 new full-time jobs or established a new UK business that has a gross income from business activity of at least £5 million, you might be eligible to apply for settlement in the UK after 3 years

Tier 1 (Exceptional Talent) – if your endorsement was given under the Designated Competent Bodies ‘exceptional talent criteria, you might be eligible for indefinite leave to remain under this category having completed lawfully 3 years in the UK

Applying for Settlement after five years

Tier 1 (Investor) visa – you might be eligible to apply for settlement after 5 years if you have invested at least £2 million (or £1 million if you entered the Tier 1 (Investor) route before 6 November 2014) by way of United Kingdom Government bonds, share capital or loan capital in active and trading UK registered companies

Tier 1 (Entrepreneur) visa – you might be eligible to apply for indefinite leave to remain in the UK under this route after 5 years of lawful residence in the UK if you meet all requirements of the Immigration Rules for this visa category

Tier 1 (Exceptional Talent) visa – if your endorsement was given under the exceptional promise criteria, you can apply for settlement under this visa route having completed 5 continuous years in the UK

Tier 2 (General) visa – an application for settlement under this visa category can be submitted on completion of five years, of which the most recent period must have been spent with leave as a Tier 2 (General) migrant in combination with certain visa categories

Tier 2 (Intra-Company Transfer) visa – you might be eligible to apply for settlement under this visa category only if you were initially granted a visa as a Tier 2 ICT migrant before 6 April 2010 or as a Work Permit Holder, provided that the work permit was granted because the applicant was the subject to an Intra-Company Transfer

Representative of Overseas Business – if you have completed lawfully 5 years in the UK under Sole Representative visa, you might be eligible to apply for an ILR if you meet all requirements of the Immigration Rules

PBS Dependent visa – your partner might be eligible for settlement having completed lawfully 5 years in the UK

Domestic worker – if you have entered the United Kingdom under this visa category under the Rules in place before 6 April 2012, you might be eligible to apply for settlement in the UK

UK Ancestry – Indefinite Leave to Remain may be granted to a Commonwealth citizen with a United Kingdom born grandparents after 5 years of lawful residence in the UK

Spouse/Civil Partner/Unmarried partner/Same Sex partner visa – from 9 July 2012 you are required to complete 5 years lawful residence in the UK to be eligible to apply for settlement under these visa categories of Appendix FM

EEA Permanent Residence – EU nationals and their family members might be eligible to apply for settlement (Permanent Residence) having completed lawfully 5 years in the UK

Applying for Settlement after ten years

Long Residence (10 years route) – if you have completed at least 10 years of lawful residence in the UK, you might be able to qualify for settlement under this visa category

Private Life – if you have been in the UK with continuous leave on the grounds of private life for a period of at least 10 years, you might be eligible to qualify for indefinite leave to remain under this category.

If your enquiry is about Indefinite Leave to Remain (Settlement) / Permanent Residence application under any other visa categories or you require any further information about the above-mentioned visa routes, please do not hesitate to contact our immigration team.

Please note that the above information does not intend to replace legal advice.

Meet The Team

Joyce Cheung

Senior Associate

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Yana Tyler

Senior

Immigration Consultant

Chan Neill Solicitors is a trading name of Chan Neill Solicitors LLP, a limited liability partnership registered in England and Wales, under number OC430320. Chan Neill Solicitors LLP is authorised and regulated by the Solicitors Regulation Authority. SRA number: 668071. We use the word partner to refer to a member of Chan Neill Solicitors LLP, or an employee or consultant who is a lawyer with equivalent standing and qualification. A list of members names together with a list of non members who are designated as partners is available for inspection at our registered office at 107 Charterhouse Street, London, EC1M 6HW