Having Indefinite leave to remain is beneficial for many reasons. Many foreign nationals move to the UK in search of a better life, work and study. Whatever visa holder you may be, having spent continuous 5 years in the UK can make you eligible to apply for Indefinite leave to remain in the UK.
It also becomes important to know that a valid ILR can be your ticket to unrestricted movement in the UK, you can leave and re-enter the UK borders without any immigration hassle.
But there is also a lot of paperwork towards ILR application. One needs to fulfil all the requirements for ILR UK to have your ILR granted.
Visa categories that allow you to apply for ILR after 5 years
- Spouse or civil partnership visa
- EEA family permit
- Ancestry visa
- Innovator visa
- Tier 1 Investor visa
- Tier 1 Entrepreneur visa
- Global Talent Visa
- Skilled workers visa
- Long residence
- Discretionary leave to remain
- Tuskish worker or businessperson
- Domestic worker in a private household
Period of a continuous residence
The period of residence is an important factor in determining whether you qualify for continuous residence requirement to successfully complete an ILR application.
The continuous period is the minimum amount of time which a migrant must have spent continuously and lawfully in the UK with leave to enter or remain, and either in employment or being active in the UK economy.
The time period between which your entry clearance was issued and you entered the UK border will be included in the qualifying period as long as it does not exceed 90 days. If it exceeded, none of the days after the 90 day limit will be counted towards your qualifying period.
For eligible applicants looking to apply for ILR after 5 years, it will be mandatory to your application to ensure you have correctly calculated the duration of your continuous residence in the UK and that it satisfies the Home Office prerequisites particularly with regards to absences from the UK.
How to calculate the continuous residence period
Applicants can submit an ILR application up to 28 days before they would
reach the end of the specified period.
You must calculate the required qualifying period by counting backward from
whichever of the following is most suitable to the applicant:
- the date of decision
- the date of application
- any date up to 28 days after the date of making an application
Absence from the UK
To be eligible to apply for ILR, you need to furnish evidence in your application that you have not spent 180 days or more outside of the UK in the 12 months prior to your ILR application process.
Short trips like 24 hours or longer from the UK during weekends or other non-working days that are consistent with the basis of stay and do not break the continuity of leave shall be counted towards the 180 day limit.
Much serious or compelling reasons that can support your absence as stated by the Home Office:
- Serious illness of the applicant or a close relative
- A natural disaster, such as a volcanic eruption, etc
- A conflict
To make a request for absences to be exempted on serious or compelling reasons, you will need to show evidence to support your assertion.
Depending on the valid grounds you are seeking to rely on, supporting documents must include:
- Medical certificates
- Birth or death certificates
- Evidence of disruption to travel arrangements
A legal advice for the best
The essential requirements needed to qualify for ILR after 5 years need rigorous follows, particularly for continuous periods and any absence from the UK. You must consult the best immigration lawyers in London. A Y & J Solicitors have experience of over 10 years and can handhold you with great honesty and professionalism. Their bespoke approach to each immigration problem has helped over 4000 clients with the best results in favour.