Indefinite Leave - Global Immigration

Tier 1

Umran Ajaib — Tue, 08 May 2018 18:38:37 +0000

To qualify to settle in the UK under the HSMP, you must:

have been living here legally for the last 5 years; and
currently have permission to stay here as a highly skilled migrant; and
have been in the UK as a highly skilled migrant, work permit holder or innovator throughout the 5 years; and
have maintained and accommodated yourself and any dependants without the use of public funds throughout the 5 years; and
have been employed, self-employed or a combination of both throughout the 5 years; and
have sufficient knowledge of language and life in the UK.

During the continuous residence period, you cannot be outside the UK for more than 180 days in any 12 consecutive months.

Time spent in the Channel Islands and the Isle of Man may be included in the continuous period, as long as you were given permission to stay (also known as leave) as either highly skilled migrant, a work permit holder in an occupation that you would have been given a work permit for in the UK, or an innovator.

Your most recent permission to stay must have been given in the UK as a highly skilled migrant.

Domestic Violence

Umran Ajaib — Tue, 08 May 2018 18:38:00 +0000

If your relationship with a British citizen or a person settled in the UK has broken down as a result of domestic violence, you may be able to apply for indefinite leave to remain here. This is also referred to as permission to settle here permanently.

To be given permission to settle as a victim of domestic violence, you must prove that:

you have been given permission to enter or remain in the UK as the husband, wife, civil partner or unmarried/same-sex partner of a British citizen or a person settled here (even if that permission is no longer valid);
your relationship was existing and genuine (not a 'marriage of convenience', for example) when you were last given permission to enter or remain; and
you were the victim of domestic violence, and this is what caused the relationship to break down before the end of your permission to enter or remain.

The introduction of the Destitution Domestic Violence (DDV) concession replaces the successful Sojourner project. It is aimed at protecting those eligible under the DDV concession who are victims of domestic abuse, by allowing them to notify us that they need to access public funds while they make a claim for indefinite leave to remain as a victim of domestic violence.

From 1 April 2012 migrants will be able to apply under the Destitution Domestic Violence (DDV) concession.

You can notify the UK Border Agency of your need to access public funds under this policy if:

you entered the UK or were given leave to remain in the UK as a spouse, civil partner, unmarried or same sex partner of a British Citizen or someone present and settled in the UK; and
your relationship has broken down due to domestic violence; and
you do not have the means to access accommodation or to support yourself and need financial help; and
you are going to make a claim to stay permanently in the UK under the Domestic Violence Immigration Rule (Settlement DV)

10 years Lawful

Umran Ajaib — Tue, 08 May 2018 18:36:44 +0000

Someone who has lived in the United Kingdom for a period of 10 years may apply for indefinite leave to remain if his or her presence in the UK over this time has been lawful. Unless one of the following applies, indefinite leave to remain will normally be granted:

The 10 years period has been broken.
There are public interest reasons to refuse the application.
The individual fails to demonstrate sufficient knowledge of the English language and of life in the United Kingdom

Marriage

Umran Ajaib — Tue, 08 May 2018 18:34:56 +0000

People who have leave to enter or remain in the United Kingdom as a spouse of a person present and settled in the United Kingdom are eligible to apply for indefinite leave to remain prior to their probationary period expiring.

If you were granted entry clearance or leave to remain as a spouse under the old rules (i.e. your application was submitted prior to 9 July 2012) then you are eligible to apply for indefinite leave to remain after you have completed two years lawful residence in the United Kingdom. If you applied for your spouse visa after 9 July 2012 then you are eligible to apply for indefinite leave to remain up to 28 days prior to completing the five year probationary period .

Since 28th October 2013 as part of the requirement for indefinite leave to remain you are required to pass the Life in the UK test and also need to pass a level B1 English course.

Overview

Umran Ajaib — Tue, 08 May 2018 18:33:47 +0000

Indefinite Leave Overview

After you have lived legally in the UK for a certain length of time, you may be able to apply for permission to settle here. This is known as 'indefinite leave to remain'.

The type of visa you have will determine when you are able to apply and which form you are required to use.

As part of your application for settlement, you must enrol your fingerprints and facial image (known as 'biometric information') and obtain a biometric residence permit, which will confirm your immigration status and entitlements. Any dependents who apply at the same time as you will also need to do this.