Indefinite Leave to Remain based on 10 years’ legal residence
If you would like a free assessment and advice regarding your potential ILR 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 10 years’ legal residence in the UK, it is necessary that the applicant meets the requirement to have at least 10 years of continuous legal residence in the UK on any combination of visas.
Please note that the UK Border Agency only allow individuals to submit applications for ILR under the 10 years’ legal residence rules using the postal service.
Unfortunately, the rules regarding ILR on the basis of 10 years’ legal residence do not allow individuals to apply as dependants of the main applicant. Dependants wishing to qualify for ILR must qualify on their own merits i.e. also having resided in the UK legally for a period of 10 years. Alternatively, dependants may submit settlement applications, i.e. a spouse visa application, once the main applicant has obtained ILR.
Applications can generally only be submitted up to 28 days prior to the residential qualifying period being met. This means that individuals wishing to submit an application under the 10 years’ rules can only apply for ILR after they have spent at least 9 years and 11 months residence in the UK.
The applicant must also demonstrate knowledge of the English Language and life in the UK. This is achieved in one of two ways. For individuals with a high standard of English, the “Life in the UK” test can be completed. For those who do not speak a high standard of English, it will be necessary to take and pass a course in English and Citizenship.
Applicants for ILR under the 10 years’ rules must also be free of all unspent convictions at the time of application. The period of time for a conviction to become spent varies; further information can be found here. Please note, the rules state that any unspent convictions will count as an automatic reason for refusal.
If you are interested in making an ILR application, please contact us for initial advice on the strength of your case and the requirements.