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Settle Permanently in the UK – Indefinite Leave to Remain

Visa holders in the UK can apply to settle permanently, also known as obtaining indefinite leave to remain. When a visa holder can apply to settle permanently depends on the specific visa route they are on.

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Long Residence

You may be able to apply for indefinite leave to remain if you’ve been in the UK legally for 10 continuous years (known as ‘long residence’).

In order to make an application for indefinite leave to remain on the basis of ten years long residence, you must be able to demonstrate that:

you have lived in the UK for a continuous lawful period of ten years
you have spent no more than 18 months outside the UK during that period
you have spent no more than six months outside the UK at any one time
you have sufficient knowledge of the English language and have passed a Life in the UK Test
there is no public interest reason to refuse the application and
you do not fall for refusal under the general grounds for refusal.

Applications for settlement on the basis of ten years long residence must be made from within the UK.

Speak to our immigration solicitors today

If you’re looking for advice on indefinite leave to remain, get in touch with our expert lawyers today.

Contact us on 0131 270 7700, visit our offices in Edinburgh, Glasgow, East Lothian, Shetland or Orkney, or fill in our enquiry form to request a call back.

Which Visa holders should apply under this route

Any visa holder who is soon to reach 10 years in the UK, having held visas continuously throughout this 10 year period, will likely wish to apply under this route. Some visa routes allow settlement after three or five years on a particular visa route, for example the Global Talent, Skilled Worker, partner visa routes. Other visa routes do not lead to settlement but the time spent on those routes can be used to apply for settlement under the long residence route. Student visas, Graduate visas, Temporary Work visas are common examples.

After being granted indefinite leave to remain, you can apply to become a British citizen after having held indefinite leave to remain for 12 months or immediately if you are married or in a civil partnership with a British citizen.

Skilled Worker Visa – Apply to settle after five years

After five years on the Skilled Worker visa route you can apply to settle permanently. You will require to show:

You have spent a continuous period of five years in the UK
The five year continuous period consisted of time with permission on any of, or any combination of, the following routes: Skilled Worker, Global talent, Innovator, T2 Minister of Religion, International Sportsperson, Representative of an Overseas Business , Tier 1 Migrant (other than as a Tier 1 (Graduate Entrepreneur) Migrant) or Scale-up
You have not been outside the UK for more than 180 days during each year of the five year continuous period
You have passed the Life in the UK test (unless aged 65 or over)
Your sponsor is still a Home Office approved sponsor
Your sponsor still requires you to work for them for the foreseeable future
You are being paid, and will be paid for the foreseeable future, at least the general salary threshold or the going rate requirement, whichever is higher

Global Talent Visa – Apply to settle after three or five years

You can apply to settle permanently after three years if you were endorsed by either:

the British Academy, the Royal Academy of Engineering, the Royal Society or UK Research and Innovation
Arts Council England or Tech Nation – this must be as a recognised leader (‘exceptional talent’)

You can apply to settle permanently after five years if you were endorsed by the Arts Council England or Tech Nation as an emerging leader (‘exceptional promise’).

If you did not need an endorsement for your visa because you had won an eligible award, you can apply after three years.

UK Ancestry Visa – Apply to settle after five years

You can apply to settle permanently after spending five continuous years in the UK on a UK Ancestry visa. In most cases you must have spent no more than 180 days outside the UK in any 12 month period. You will also require to show you:

have enough money to support yourself and your dependants
can, and plan to, work in the UK
are still a Commonwealth citizen

How we can help

We will meet with you and obtain all relevant information about your circumstances and advise if you meet the requirements to apply to settle permanently
If you meet the requirements, we will advise you in detail of the specific evidence you require to obtain
When you have obtained all the evidence we will ensure the evidence is complete and in the format required. In order to prove you have been residing in the UK for the required period, if necessary we will correspond with Government departments, your employer, accountant, landlord, colleges or universities and your children’s school/nursery and any other person or organisation to make sure the correct evidence is obtained.
We will prepare your application through the Home Office online system and when you are confident it is accurate and complete we will submit the application online.
We will assist you in processing payment for the fees charged by the Home Office for the application.
We will arrange the booking of an appointment at a Home Office Centre where you require to submit original documents and provide your photograph and fingerprints.
We will prepare all the evidence to support the application and submit this to the Home Office online.
We will keep you updated in respect of the progress of the application, carry out all relevant correspondence with the Home Office and inform you immediately when you receive a decision.