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Indefinite Leave to Remain

Indefinite Leave to Remain

 

You can live in the UK without any time restrictions with indefinite leave to remain. We have prepared a table below for some of the categories that qualify for indefinite leave to remain.

 

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Spouse Visa – Under the 5-year Partner Route Parent Visa – Under 5-year Parent Route Long Residence

Spouse Visa – Under the 5-year
Partner Route

Qualifying Period: 5-year period 

Requirements:

  • Suitability Requirement: Must not fall for refusal under general grounds for refusal for example, recent criminal conviction, made false representations, failed to pay any NHS charges or subject to a deportation order.
  • Residence Requirement: Must have continuously lived in the UK as a spouse for a total period of 60 months.
  • Relationship Requirement: Must show that you continue to be in a genuine and subsisting relationship with your partner.
  • English Language: Must have completed a B1 test unless you hold a qualifying UK degree or an equivalent degree taught in English with has been approved by UK ECCTIS.
  • Life in the UK: Must have completed Life in the UK test.
  • Financial Requirement: Must demonstrate income in the sum of £29,000 unless exempt due to receiving eligible benefits or previously granted leave under the old route. The income threshold under the old route is £18,600.
  • Accommodation Requirement: Must show that there will be adequate accommodation.

Parent Visa – Under 5-year Parent Route

Qualifying Period: 5-year period 

Requirements:

  • Suitability Requirement: Must not fall for refusal under general grounds for refusal for example, recent criminal conviction, made false representations, failed to pay any NHS charges or subject to a deportation order.
  • Residence Requirement: Must have continuously lived in the UK as a spouse for a total period of 60 months.
  • Relationship Requirement: Must show that you continue to have sole responsibility or access to the child.
  • English Language: Must have completed a B1 test unless you hold a qualifying UK degree or an equivalent degree taught in English with has been approved by UK Ecctis.
  • Life in the UK: Must have completed Life in the UK test.
  • Financial Requirement: Must demonstrate that you can adequately maintain and accommodate yourself without recourse to public funds.

Long Residence

Qualifying Period:  10-year period Requirements:
  • Suitability Requirement: Must not fall for refusal under general grounds for refusal for example, recent criminal conviction, made false representations, failed to pay any NHS charges or subject to a deportation order.
  • Residence Requirement: Must have continuously lived in the UK as a spouse for a total period of 120 months.
    • From 11 April 2024, the applicant must not have been outside the UK for more than 180 days in any 12-month period;
    • For leave granted after 11 April 2024, the applicant must have held permission on their current route for at least 12 months;
    • Must have resided in the UK lawfully during the qualifying period;
  • English Language: Must have completed a B1 test unless you hold a qualifying UK degree or an equivalent degree taught in English with has been approved by UK ECCTIS.
  • Life in the UK: Must have completed Life in the UK test.
Note:

Those who do not meet the requirements (e.g., financial requirement) under the 5-year route for spouse/parent and their previous leave has been granted under the 10-year route, they will be required to complete a qualifying period of 10-years in the UK before applying for settlement which is conditional upon meeting the suitability, residence and English language requirements.