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 the work / business related immigration categories [Non PBS] that lead to settlement / ILR in the UK i.e.

1. Work Permit: A work permit holder can make an application for ILR upon completing five years of residence in the UK under work permit arrangements. These five years can be a combination of leave obtained under HSMP, self employed lawyer or write composer or artist.
2. HSMP – Judicial Review: A highly skilled migrant who falls under HSMP Forum Judicial Review policy of July 2009 may make an application for ILR upon completing four years of residence in the UK. They need to provide evidences that they have made the UK their main home and have been economically active throughout their stay in the UK.
3. Representatives of Overseas Businesses: A person have leave under this category becomes eligible for ILR once they complete five years of residence in the UK in compliance with the relevant immigration rules. They need to provide evidences that they are still required by their overseas employer, which is still based outside the UK.
4. Self Employed Lawyers: A self employed lawyer may also make an application for ILR upon completion of 5 years of residence in the UK provided all the other requirements are met.
5. Business person: A person who has been granted his last leave before the introduction of point based system (i.e. Tier 1 (Entrepreneur) ) and has now completed 5 years of residence in the UK may also make their ILR application provided all other requirements have been met. They need to provide evidences that they have invested £200,000 in a business in the UK which has created at least 2 full time positions for resident workers.
6. Investors: An investor who was given his last leave under the old rules may also make his application for ILR upon completion of his five years of residence in the UK provided that the applicant has complied with the maintenance of funds, presence in the UK and other relevant requirements.
7. Overseas Govt. Employees: An overseas Govt. employee who has been given leave before 27^th of Nov. 2008 and has completed five years of residence in the UK in this capacity may also make his application for ILR. They need to provide a letter from their employer confirming that they still require their services.
8. Minister of Religion: A minister of religion who has been granted leave before 27^th of Nov. 2008 and has completed five years of residence in the UK in this capacity also becomes eligible for making his application for ILR. They need to provide a letter from their employer confirming that their services are still required in the UK.
9. Airport based operational ground staff for overseas airlines: This category only applies to migrants who have been transferred to the UK by an overseas-owned airline, operating services to and from the UK, to take up duty at an international airport as: a station manager, a security manager or a technical manager and has completed five years of residence in the UK in this capacity, becomes eligible for making his application for ILR. They need to provide a letter from their employer confirming that their services are still required in the UK.
10. Writers, Composers & Artists: A writer, composer or artist who has been granted leave before 27^th of Nov. 2008 and has completed five years of residence in the UK in this capacity also becomes eligible for making his application for ILR. 
11. Domestic Workers: Domestic workers in private household also become eligible for ILR in the UK provided they have completed five years of residence in the UK and their employment is continuing.

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 can also submit your ILR applications using Premium Service at PEO in Croydon.

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)