You can apply for UK Indefinite Leave To Remain (ILR) if you are the partner of a person who is already settled in the UK or a British citizen.
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Indefinite Leave To Remain, also known as Settlement, is a status granted to migrants that provides freedom to live and work in the UK unrestricted by the length of stay and without Immigration limitations.
If you have resided in the UK with your spouse/partner in the UK for a continuous period of 5 years, you should be eligible to apply for ILR. You should not apply for ILR more than 28 days before completing 5 years as a spousal visa holder.
Partner meaning married, civil, unmarried same-sex partner of a British citizen or settled person. You must also plan on living with your UK partner.
The fees for indefinite leave to remain is £2885
It cost an additional £1000 for super priority processing, which would amount to a total of £3885
Anyone aged 18-65 must demonstrate English to the required level for ILR. The minimum level is (B1) of the CEFR framework, in both Speaking and Listening.
If the applicant is the majority of an English language speaking country, they can show evidence of their nationality, to prove that they meet the requirement.
Other applicants need to supply evidence that they have either a Home Office approved English test result or have a degree taught in English. Degrees taught outside the UK will need to be accompanied by a UK certificate showing the academic level and, where applicable, the English language level at which the degree was taught.
To be eligible for ILR, you must meet the continuous residency requirements. This means that you cannot have been outside the UK for more than 180 days in a 12-month period.
You will need to provide the following documents when applying for ILR
You can be exempted from the English language requirement because at the date of application:
To be eligible to apply for indefinite leave to remain as partner on the 5-year route you will need to meet financial requirements to show you are able to support yourself and any dependents. This will be through either income from your employment/self employment or from your sponsor, pensions, savings over £65,000 and some other income sources are considered.
You will be exempt from meeting the income threshold if your sponsor receives one of these benefits: carer’s allowance, disability living, sever disablement, industrial injury disablement benefit, attendance allowance, personal independence payment, armed forces payments, constant attendance allowance, mobility supplement, war disablement pension or police injury pension.
Should you be exempt from the income threshold, you will need to meet the financial requirements by providing evidence of adequate maintenance.
Anyone aged 18-65 must pass the Life in the UK test as a qualifying criteria for ILR.
Applicants are strongly advised to study and prepare in advance for the test and need to book at least 3 days in advance, when ready. The candidate will be required to provide ID to sit the test.
Some people are exempted from taking the test, due to exceptional circumstances, but this would be only where the applicant has a long-term physical or mental disability, supported by medical evidence that they cannot sit the test.
From 17 December 2019, applicants are provided with a Unique Test Reference number, rather than a paper certificate.
The standard service for ILR applications is up to 6 months.
There is also an option for submitting application for super priority processing and a decision follows in the next 24 – 48 hours.
Following options are possible solutions:
Best steps will be advised based on your circumstances.
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