Having Indefinite Leave to remain or settled status in the UK allows you to study, work and travel unrestrictedly. Applying for Indefinite Leave to Remain could get daunting and require you to fulfill all the requirements as laid down by the UK visa and Immigration.
Situations to consider while applying for Indefinite Leave to Remain
Condition 1: The UK Residency Requirements
One of the foremost conditions to apply for Indefinite Leave to Remain is to spend a required amount of time in the UK which is generally referred to as your qualifying time. Depending on your immigration visa status in the UK, you can stay in the country for many reasons, such as work, study, or as a dependent.
It is asked from you that before making the application for Indefinite Leave to Remain you must be living in the UK for at least 5 years consecutively.
The key point here to be considered is that any amount of time that is spent in the Channel Islands or the Isle of Man does not count toward your qualifying time.
Condition 2: Maximum allowed period of absence
The Continuous residence criteria refers to a period when you stay outside the UK not more than 180 days in a complete 12-month period.
In almost all cases, the Indefinite Leave to Remain conditions of living to require you to live for at least 5 years in the UK before you make your Indefinite Leave to remain application.
You are still allowed to travel with your Indefinite leave to remain outside the UK but you must define the purpose of your visit and strong intentions to come back.
The UK immigration law gives you a period of allowable leaves and re-entry. You must ensure to keep written records of your travels. However, the following visa categories are exempt from providing reasons for their absences:
- Tier 1 Visa holders
- UK Ancestry Visa holders
- PBS Dependants
Genuine and compelling circumstances will be considered and given priority, such as a history of terminal illness, are accepted as allowable absences from the United Kingdom. Such cases do not break your ILR continuous period requirements, but they still will be considered towards your 180-days limit.
Condition 3: Continuous lawful period to stay in the UK
The continuous period in the UK must be lawful, which means you must not have breached the Indefinite Leave to Remain clause or UK immigration and visa laws.
Your living status in the UK is considered to be lawful only under the following :
- You have not spent any time in the UK without valid leave to enter or remain permission
- Can furnish enough evidence of your time period of absence from the UK
- You have not taken any employment or self employed in a foreign country while in the UK have a work permit
- You have not overstayed the maximum time allotted on your visa
- You do not have any criminal record and you have never been imprisoned.
Take legal advice
Taking legal advice and help of immigration experts is needed because the Indefinite leave to remain applications are complex and could overwhelm you easily if not done in the right manner. A Y & J Solicitors have been industry experts for over 10 years now and are guiding their clients through bespoke immigration services.
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