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Settlement (Indefinite Leave to Remain) in the UK

The UK is a developed country with high quality of life, culture and education which makes it very attractive for immigrants. There are several options to apply for settlement and they depend on the purpose of your coming to the country:

  • family visas (marriage, relatives, civil partners, children, parents);
  • business visas (investor, entrepreneur, etc.);
  • work visas (temporary or full-time employment).

Family visas

You can apply for settlement after 5 years of continuously living in the UK under a relevant visa without breaking any immigration laws. However, fiancé/fiancée visa does not lead to ILR.

ILR for children. Eligibility

  • The receiving parent/relative that pays for flights has settled in the UK or intends to apply for ILR together with the child, is resident in the UK; and
  • The other parent passed away;
  • The receiving party takes full responsibility for the child;
  • It is impossible/ unsafe for the child to stay in their country while everything is ready for them to live safely in the UK;
  • The child must be under 18, single, financially dependent. They cannot be a member of another family or live with other people other than parents;
  • The receiving parent/relative is prepared to fully support the child financially and psychologically while they are in the UK by providing accommodation, food and education without recourse to public funds.

Applying for ILR for children is not easy and straight-forward because the UK government is very careful about anything that concerns children’s rights and freedoms, their maintenance, education and development. So it is highly recommended to get expert advice. Our qualified and experienced specialists at Imperial & Legal are happy to deal with your case and prepare your application and documents.

Family members of UK residents that have settled or naturalised there are also eligible to apply for ILR. Certain conditions must be met:

  • the applicant must have strong reasons to be able to apply to come to the UK (incapacity, requires constant care, old age), and the receiving family member cannot provide necessary care at their country or the level of healthcare is not appropriate;
  • the receiving family member is able to provide accommodation and comfortable stay for the child, and maintain them without recourse to public funds;
  • the child has no family in their country that could maintain and financially support them;
  • no criminal record.

Business visas (Tier 1 Investor, Tier 1 Entrepreneur, Tier 1 Graduate Entrepreneur, Representative of an Overseas Business)

Investor visa is the easiest and fastest route to ILR provided you have invested certain amount of money. You don’t need to prove your knowledge of English and the whole family can apply together.

  • if you invest £10M you can apply for ILR in 2 years;
  • if you invest £5M you can apply for ILR in 3 years;
  • if you invest at least £2M you can apply for ILR in 5 years.

Tier 1 Entrepreneur migrants can apply for ILR after 5 years of continuously living in the UK provided they have passed the Genuine Entrepreneur Test with at least 75 points:

  • You have invested, or caused investment to be made by one or more third parties totaling at least £200,000 n cash directly into one or more UK businesses (20 points);
  • You have been registered with the HM Revenue and Customs and the Companies house as a director of a UK company within 6 months of entering the UK and the 3 months before the date of application (20 points);
  • You have established a new business or businesses that has or have created the equivalent of at least 2 new full-time jobs for settled workers for at least 12 months (20 points);
  • You have spent a continuous period of 5 years lawfully in the UK with leave as a Tier 1 (Entrepreneur) migrant (15 points).

You can apply after 3 years of lawfully living in the UK with leave as a Tier 1 (Entrepreneur) migrant provided you have been in the UK continuously and have:

  • created the equivalent of at least 10 new full-time jobs for settled workers;
  • established a new UK business or businesses that has or have had a gross income from business activity of at least £5 million during the 3-year continuous period;
  • taken over or invested in an existing UK business or businesses and your services or investments have resulted in a net increase in gross income from business activity of £5 million during the 3-year continuous period, when compared to the 3-year periods immediately before the date the applicant became involved with the business as a Tier 1 (Entrepreneur) migrant.

Work visas (Tier 2)

You can apply for a work visa if you have a job offer and a Certificate of Sponsorship from a UK sponsor that is ready to be financially responsible for you. Under this route, you can apply for settlement after 5 years of continuous lawful leave in the UK and compliance with all norms and regulations. Besides, on the date of application the annual salary must be £35,500 (changes as of 01 April 2018).

Buying real estate in the UK

Before 2014, migrants on the Tier 1 Investor route could buy a property and add the cost to the amount of investments which made them bigger thus reducing the time they had to spend in the UK to be able to apply for ILR. However, rules changed, and you can no longer apply for ILR through purchase of real estate.

Imperial & Legal services

To be able to apply for settlement in the UK you need to prepare all the required documents and be aware of all the pitfalls and tricks. The Home Office will make their decision based on the supporting documents provided and correctly filled application.

We have been in the market for many years and can offer you a qualified help and support in immigration issues. We will help you prepare the documents and support you on all stages of the application process.

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One of our qualified advisors will get back to you today or next business day.