Indefinite Leave to Remain based on 5 years’ continuous residence as a Tier 1 (General) visa holder
If you would like a free assessment and advice regarding your potential ILR application (either the Premium service or postal application), please contact us online, or call us now on 0845 226 4030.
In order to qualify for Indefinite Leave to Remain (ILR) status on the basis of holding a Tier 1 (General) visa, applicants must meet a range of different criteria. The applicant must have at least 5 years of continuous residence in the UK as a Tier 1 (General) visa holder or as a holder of a combination of other work-related visas where the most recent visa was a Tier 1 (General) visa.
Please note that the information below is relevant for Tier 1 (General) holders who do not qualify under the HSMP ILR Judicial Review. If you qualify for Indefinite Leave to Remain under the HSMP ILR Judicial Review; please click here for further information.
Applications can generally only be submitted up to 28 days prior to the qualifying residence period being met. This means that a Tier 1 (General) visa holder can only apply for ILR after they have spent at least 4 years and 11 months on a combination of certain work-related visas.
Any periods of economic inactivity and periods when the individual was working without valid leave to remain will not count towards the qualifying period.
In addition to the above, the applicant must also demonstrate knowledge of English Language and Life in the UK. It is necessary for the main applicant to complete the ‘Life in the UK Test’ to achieve this. Dependants (between the ages of 18 to 64) of main applicants also need to meet the above requirement, and may also complete the Life in the UK Test to achieve this. For dependants who do not have a high standard of English, it will be necessary to take and pass a course in English and citizenship.
On 6th April 2011, the UK Border Agency introduced a new points based requirement for Tier 1 (General) visa holders applying for ILR. Points will be awarded largely the same way as at the time of the applicant’s last visa application. Applicants will need to score a minimum of 75 or 80 points depending on the date of their first Tier 1 (General) application.
We are able to offer an initial assessment to confirm whether you would meet the necessary points requirement.
Tier 1 (General) visa holders must also be free of all unspent convictions at the time of their application for Indefinite Leave to Remain. The period of time for the conviction to be spent varies; further information can be found here. Please note, the rules state that any unspent convictions count as an automatic reason for refusal.
There are other criteria that need to be met in order for an applicant to obtain ILR.
If you are interested in making an ILR application, please contact us for initial advice on the strength of your case and the requirements.