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Settling in the United Kingdom (UK) can be granted through the “Indefinite Leave to Remain” (ILR) scheme and means that a person can reside in the UK permanently. Other types of visas such as work permits, Post Study Work Visas and Post Study Visas are given for a determined period of time, after which the individual must leave the UK or make an application for an extension, if applicable. The UK Immigration Department is responsible for the number of people entering the UK on a permanent basis, and the application for an ILR Visa should be made to this department. Living and working illegally is frowned upon and individuals remaining in the UK longer than their visa allows may affect their eligibility for an ILR Visa. If a decision has been made to reside in the UK, an application for an ILR Visa must be granted before the current visa expires.
There are strict eligibility criteria to attain an ILR Visa, the main one being that the individual should have had a valid visa for a minimum of four years. This does not include student visas. If the individual meets this criteria, the authorities are satisfied that they settled in the UK. Once an ILR Visa has been granted and the individual is permanently resident in the UK, the individual has the same freedom of movement as a British national, and will also be legally eligible to apply for public service benefits.
An ILR Visa can also be granted to individuals who are married to a UK national after two years. This also applies to a De Facto visa. Proof of co-habitation will be required and the applicant will need to be able to convince the authorities that the relationship is bona fide. In order for an ILR Visa to be granted, the applicant must have entered the UK on a marriage visa. Nationals of the European Union and Tier 1 / Work Permit Visa holders can apply for an ILR Visa after five years. If an individual has been legally resident in the UK for 10 years, they will be eligible to apply for an ILR Visa.
As with other types of visas, there are specialist companies who can help with applying for an ILR visa. They are experienced at completing the necessary paperwork and familiar with the processes at the UK Immigration office. Such companies will also be able to provide information as to whether an individual is eligible for making a UK Visa Application for an ILR Visa. The very minimum paperwork which must be submitted are a passport, UK Visa Application and proof of residence in the UK for four years.
Commitment to living and working in the UK is the most important aspect of the ILR Visa application. Even after being granted permanent residence, the applicant should not spend protracted lengths of time outside the UK. It is recommended that that an individual living in the UK on an ILR Visa should not spend more than two years outside the UK, or they may lose their ILR status.
