Settlement
The right to live, work and study in the United Kingdom without restriction is called Indefinite leave to remain or settlement. You are allowed to enter and leave the UK at any time. You also can spend up to 2 years in a row outside the UK, the Channel Islands or the Isle of Man without losing your status. You may be eligible to apply for British citizenship within a further qualifying period.
There are different ways to apply for indefinite leave to remain based on your circumstances and your previous visa type.
Work permits
All settlement criteria depend on your visa type. Your visa category sets the obligatory residence period. In order to apply for the settled status you need to prove your knowledge of the English language (B1 or higher) and pass the Life in the UK test. You will be also required to provide the salary or financial statements.
You can apply for a settled status:
- After 5 years of continuous residence in the UK on a Tier 2 (no longer granted) / Minister of Religion / Skilled Worker visa / Health and Care Worker visa / International Sportsperson visa / Representative of an Overseas Business visa / Turkish Worker or Businessperson visa (no longer granted)
- After 3 years of continuous residence in the UK on an Innovator visa
- After 3 or 5 years of continuous residence in the UK on a Global Talent visa, depending on the field of your work
- After 2 or 3 years of continuous residence in the UK on an Tier 1 (no longer granted), depending on your investment
The processing time is usually 6 months. Application fee is £2,404.
Family visas
You can apply for ILR if you have a partner, parent or child or other relative settled in the UK, if they are a British citizen or a person with indefinite leave to remain. The terms and requirements of your Settlement application depends on the type of your current visa and your partner’s type of settlement in the UK: obligatory residence period, salary or financial statements, supporting documents. In order to apply for the settled status you need to prove your knowledge of the English language (B1 or higher) and pass the Life in the UK test.
You can apply as:
- a partner – with your family visa
- a partner – as a dependant on your partner’s work visa
- a parent – with your family visa
- a child – with your family visa
- a child – as a dependant on your parent’s work visa
- an adult dependent relative on a family visa
The processing time is usually 6 months. Application fee is £2,404.
Private life (10 years route)
You can able to apply based on your private if you have been living in the UK for 10 years or more. You can apply for this route starting June 2022. The application fee is £2,404.
Commonwealth citizens
UK Ancestry visa also allows you to apply for a settled status after 5 years of living in the UK.
Besides, some Commonwealth citizens have rights to live or work in the UK without immigration restrictions, depending on the country of origin.
EU Settlement Scheme
In order for people to adapt to the Brexit and new rules eliminating freedom of movement between the UK and the EU, the British government devise a special route for EU, EEA or Swiss citizens residing on the British Isles. The immigration rules enabled them to apply for settled status under the EU Settlement Scheme before 30 June 2021. The scheme preserved all their rights and freedoms, which they enjoyed before. After 12 months, you can apply for British citizenship.
The EU Settlement Scheme issued the EU applicant either the settled or pre-settled status. The settled status means the indefinite leave to remain and the pre-settled requires you to spend 5 continuous years in the UK. If you have been granted pre-settled, you need to apply for settled status once you’re eligible before your pre-settled status expires.
Quick Consultation Form
Would you like to learn more about this visa or find out which UK immigration route best suits your needs? Speak to us at +44 (0) 020 808 73583 or fill out our Quick Consultation form.
Head Office
- International House, 6 South Molton St., Mayfair London W1K 5QF, UK
- Tel/WhatsApp/Telegram: +44 (0) 7741 856 535
- Tel/Fax: +44 (0) 020 808 73583
- info@lexmanlaw.com
Lexman Law Ltd is registered in England and Wales, Companies House Reg. No 13094604 and regulated by Office of the Immigration Services Commissioner (OISC) Reg. No F202100401.
lexmanlaw.com is authorised and regulated by the Solicitors Regulatory Authority, SRA ID 515394. lexmanlaw.com is a trading name of FjM International Solicitors and Lawyers LLP.