Settlement, also known as Indefinite Leave to Remain (ILR), represents the final stage of an individual’s immigration legal status in the UK, unless they choose to pursue British Citizenship. Achieving settlement is a significant milestone, as it grants the holder the right to live and work in the UK without any time restrictions.
The path to settlement
The journey to obtaining a settlement in the UK can be lengthy and complex, depending on the type of visa an applicant currently holds. It’s important to note that not all immigration routes count towards the “continuous residence” requirement necessary for settlement. This can be particularly confusing for individuals navigating the immigration system. Therefore, seeking legal advice before proceeding with an application is crucial to ensure eligibility and compliance with all requirements.
General requirements for settlement
Regardless of the specific visa route, there are general requirements that all applicants must meet to qualify for settlement. These include:
- English language requirement: Applicants must demonstrate proficiency in the English language, typically through an approved test or by having a degree taught in English.
- Life in the UK test: This test assesses the applicant’s knowledge of British customs, traditions, and everyday life.
- Absences requirement: Applicants must not have spent more than a specified number of days outside the UK during their qualifying period of continuous residence.
Work visa holders
For those on a work visa, the path to settlement can vary significantly. The requirements differ for “Main Applicants” and “Dependants,” and the specific criteria depend on the type of work visa held. For example, Tier 2 (General) visa holders must have been in the UK for a continuous period of five years, among other requirements.
Combining different visa routes
Not all work visa routes lead to settlement, so it’s essential to verify eligibility before submitting an application. Some visa categories allow for combining different routes to meet the continuous residence requirement, while others do not. This complexity underscores the importance of consulting with an immigration expert to navigate the process effectively.
Family members and dependants
Family members and dependants of those who have settled status or are British citizens can also apply for settlement. The process and requirements for family members can vary based on their relationship to the settled person and the type of visa they currently hold. For instance, partners, children, and other relatives may have different eligibility criteria and application processes.
Long residence
Another route to settlement is through long residence. Individuals who have lived in the UK legally for a continuous period of 10 years may be eligible to apply for settlement. This route considers the applicant’s overall time spent in the UK, regardless of the type of visas held during that period.
Humanitarian protection and refugees
Individuals who have been granted humanitarian protection or refugee status in the UK can also apply for settlement after a certain period. This route acknowledges the unique circumstances of those who have sought refuge in the UK and provides a pathway to permanent residence.
Commonwealth citizens
Commonwealth citizens with UK Ancestry visas can apply for settlement after five years of continuous residence in the UK. Additionally, some Commonwealth citizens may have the “right of abode,” allowing them to live and work in the UK without immigration restrictions.
Seeking professional advice
If you have been in the UK for a substantial amount of time, have held various visas, or are considering applying for settlement, it is highly advisable to contact our Immigration Team. Our experienced professionals can provide tailored advice and support to help you understand your options and guide you through the application process.
Comment
Obtaining settlement in the UK is a significant achievement that requires careful planning and adherence to specific requirements. By seeking legal advice and understanding the nuances of your visa route, you can increase your chances of a successful application. Our Immigration Team is here to assist you every step of the way, ensuring you have the best possible chance of achieving your goal of indefinite leave to remain in the UK.
How can we help?
Ashlee Campbell is a Partner and Head of our expert Immigration team.
If you would like any advice on the subjects above, please contact Ashlee on 01206 835270 or complete our online enquiry form.