People come to the UK for various purposes on temporary or long term visas and mostly have to return to their countries of origin upon completion of their job / study / visit. There are however some family / work / business related immigration categories which lead to settlement (ILR) in the UK.

Whoever has got Indefinite leave to remain (ILR) or Indefinite leave to enter (ILE) or permanent residence in the UK, that means he has no time limit on his stay in the UK which includes no work restrictions and eligibility to recourse of public funds. ILR is also a prerequisite of naturalization application.

From 06^th of April 2011, the UKBA has introduced more stringent rule of being free of any unspent convictions for all the applicants who wish to apply for permanent settlement / ILR in the UK, bringing the criteria in line with the naturalization application. It has also been made mandatory for the main applicants to pass life in the UK test unless they have enrolled onto an ESOL course on or before 23^rd of Nov. 2010.

We will briefly discuss those immigration categories which are not family or work / business related, and which lead to settlement / ILR in the UK.  

1. 10 Years Legal & Continuous Residence: An individual may make an application for ILR if he has completed 10 years of continuous and legal residence in the UK. The applicant may combine any visas granted under the immigration rules to complete 10 years provided at no point he did not have leave in the UK. The main applicant cannot include any of his dependants in his application for ILR.
2. 14 Years Continuous Residence: An individual may make an application for ILR if he has completed 14 years of continuous residence in the UK. It is not necessary for the person to have had any sort of visas during that time period. The main applicant cannot include any of his dependants in his application for ILR.
3. Discretionary Leave To Remain: A person who has been given discretionary leave to remain, needs to complete 6 years on this leave to become eligible to make an application for ILR. The main applicant can also include his dependants in his application. Life in the UK is not necessary for making ILR application under this route.
4. Humanitarian Protection: A person who has been leave for 5 years under Humanitarian Protection may also make his application for settlement (ILR) upon completion of 5 years in the UK. The main applicant can also include his dependants in his application. Life in the UK is not necessary for making ILR application under this route.
5. Refugees: A person who has been leave for 5 years as a refugee may also make his application for settlement (ILR) upon completion of 5 years in the UK. The main applicant can also include his dependants in his application. Life in the UK is not necessary for making ILR application under this route.
6. Former Members of HM Forces (Gurkhas): A gurkha can apply for ILR or ILE together with his family members upon completion of four years of engagement with the HM forces and within 2 years of being discharged from his service. Life in the UK is not necessary for making ILR application under this route.
7. Former Members of HM Forces (Foreign / Commonwealth Citizens): A commonwealth citizen or a foreign national may also apply for ILR or ILE together with his family members upon completion of four years of engagement with the HM forces and within 2 years of being discharged from his service.  Life in the UK is not necessary for making ILR application under this route.

Please be advised that Premium Service is not available for making ILR application on the basis of any of the above mentioned categories.

Whichever basis you wish to make your application for ILR, you need to provide evidences of compliance of immigration rules throughout your residence in the UK and meet specific requirements of the immigration category you are applying under.

At Nasim and Co Solicitors, we offer our expertise of advising and representing our clients in making their applications for ILR. We offer quality services at competitive rates and have a good track record of success.

You can contact us at 02085528612 or info@nasimandcosolicitors.com and one of team members will be in touch with you shortly.

 (Updated on 13th of May 2011)