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ILR Categories where the continuous period is not 5 years

ILR Categories

The Immigration Rules allows certain immigration categories to qualify and here is a summary of the routes that can apply under:

  1. Representative of an overseas business. 

  2. UK ancestry. 

  3. Retired persons of independent means.

  4. Majority of the point based categories.

  5. PBS dependants in qualifying categories. 

  6. Family and private life route. 

To qualify for indefinite leave to remain, in most cases, you need to complete 5 years period of residency in the UK. Other visa categories under the point based system, may require 2 or 3 years of residency. 

How to determine if the continuous period is spent lawfully in the UK 

When you apply for indefinite leave to remain, your residency must all be lawful and you must not have overstayed in the UK during the periods of residency. 

You must not have spent any of your time in the UK without valid leave to enter or remain. The continuous period requirement is the minimum amount of time which you must spend in employment or being active in the UK economy before being eligible to qualify for ILR.  

If you do not meet the continuous residency requirements, your application for indefinite leave to remain could be refused. 

Your absences from the UK are also considered as part of the continuous residency requirement. You will also need to provide evidences to support your application for indefinite leave to remain. 

Taking legal advice on the indefinite leave to remain application

We at ICS Legal will provide guidance and correct advice on the route to settlement. We will assess and check if you meet the requirements. 

You can speak to one of our UK Immigration Lawyers on 0207 237 3388 or you can email us at info@icslegal.com if you are considering to apply for indefinite leave to remain.  

 

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