How to Apply for Indefinite Leave to Remain After 5 Years Residence in the UK
Living in Great Britain under different kinds of visas, you have a right to receive Indefinite Leave to Remain (ILR) — constant accommodation permit. The status has a lot of benefits. For instance, it provides the ability to travel around the country without limitations, the possibility to work and study without restrictions, as well as the opportunity of receiving citizenship of Great Britain in the future. However, the application process for ILR can be complex and daunting for many.
We will take a detailed look at the procedure of applying for ILR after 5 years of living in Great Britain: the requirements, the necessary documents, the application stages and possible difficulties that you may encounter. We will also give tips on preparing for each stage and answer the questions that may be significant.
What Is The 5 Year Route to Settlement?
Applying for Indefinite Leave to Remain after 5 years is one of the ways to obtain the right of constant stay in Great Britain after a rather long period of living in this country. This way is accessible for different kinds of migrants, for instance:
- Work Visas: Skilled Worker Visa, Health and Care Worker Visa, Global Talent Visa, Tier 2 Minister of Religion, International Sportsperson Visa, and Scale-Up Visa.
- Business Visas: Innovator Founder Visa, Tier 1 Investor Visa (now closed to new applicants), and Sole Representative Visa.
- Family Visas: Spouse or Partner Visa, Child Visa, and PBS Dependant Visa.
- Other Visas: Ancestry Visa and British National Overseas (BNO) Visa.
- Refugees and Asylum seekers.
Requirements For 5 Years Route ILR
- To apply for ILR after 5 years in the UK, a person needs to match these criteria:
- Continuous residence: it should be proven that you lived in Great Britain continuously for five years.
- Adequate knowledge of English: it is necessary to take an exam (for example, IELTS) to the required level.
- Knowledge of life in the state: you need to succeed in the test called Life in the UK.
- No wrongdoing: it’s necessary that applicants do not have serious offenses on the territory of the country.
- Financial soundness: it’s required to prove that you are financially sound and will not count on government benefits.
What is Continuous Residence?
It is the time during which the applicant has been in the state without significant interruptions. To obtain indefinite leave to remain on a 5 year route it’s acceptable to be out of the country during the period of no more than 180 days in any year over five years.
In this case, only the full day of absence is taken into account (for example, if you left the UK on Friday and arrived there on Monday, then this is regarded as only 2 days of absence).
In some situations, such as severe health problems or natural disasters, exceeding the norm may not be taken into account.
Can I combine different immigration categories to get ILR after 5 years?
This opportunity is influenced by the kind of visa you own, for instance.
If a person has a spouse/partner visa, time on a visa of another kind can’t be taken into account.
An individual that owns a Skilled Worker visa, should consider the period lived on:
- A Tier 1 visa (with the exclusion of the Tier 1 Graduate Entrepreneur visa).
- Skilled Worker or Tier 2 (General) visa.
If you have questions about combining visa categories, seeking legal advice can help determine eligibility and ensure all requirements are met.
How to apply for Indefinite Leave to Remain 5 Year Route?
Applying for the 5 years route to settlement in Great Britain demands taking into account some deadlines and procedures. Here are the basic steps and recommendations:
- Collection of necessary papers: confirmation of continuous residence in the UK for five years, acceptable level of language skills and knowledge of life in the state, papers that prove adequate financial state and no facts of offenses.
- Submitting an application. An application for the ILR 5 Year Route can be presented on the Internet through the official British source for immigrants who want to get the right for permanent stay. This paper must be presented no earlier than 28 days before the five-year time of continuous residence is finished. It is important to make sure that all documents are attached and filled out properly.
Usually the consideration of the application takes from 6 to 12 months. In some cases, especially if additional verification is required, the time frame may be extended.
What Can I Do If My ILR 5 Year Route Application Is Refused?
If you get a rejection of permanent residence in the UK after 5 years, it is important to understand the reasons for the refusal and take appropriate action. Here are some possible reasons for failure and what can be done:
- Incorrect paperwork.Make sure that all documents have been attached and filled out correctly. If documents have been lost or damaged, they can be restored by providing appropriate evidence.
- Insufficient continuous residence. Check that your continuous residence in the UK is indeed five years. Make sure that the periods of absence do not exceed the permissible limits.
- Financial solvency issues. Provide additional evidence of financial solvency, such as account statements and tax reports.
- Violation of the law. Make sure that you do not have serious offenses in the UK. If the violations were minor, explanations and evidence of their correction can be provided.
- Insufficient English language skills or knowledge of life in Great Britain. Retake the examination on English and rules of living in British society if necessary.
Consulting with immigration lawyers, such as those at Sterling Law, can provide expert guidance on the most suitable course of action, improving the chances of a successful outcome.
How Can We Help?
Contacting a law company Sterling Law can significantly increase your chances of successfully receiving an ILR after 5 years of residence in the UK.
Sterling Law lawyers have in-depth knowledge of the law that concerns UK immigration. We will help you with the preparation and the presentation of your application, and will give answers to all your questions. Lawyers will conduct a thorough analysis of your case to identify possible risks and suggest ways to eliminate them. If you face a refusal, our team will help identify the best approach to contest or address the decision.
Thus, contacting a law firm such as Sterling Law can greatly simplify the process of obtaining an ILR after 5 years of residence in the UK, minimising risks and providing professional support at every stage.
