Indefinite Leave to Remain

Sterling Shore Solicitors provides specialist legal advice and representation to individuals and families applying for indefinite leave to remain. Our experienced immigration lawyers, solicitors and barristers will carefully assess your immigration history, current status and circumstances to determine whether you are eligible for settlement and advise you on the requirements that apply to your particular route.

There are several different routes to indefinite leave to remain, and the requirements can vary considerably depending on your immigration category. It is therefore important to obtain specialist advice before submitting your application, particularly where you have changed immigration routes, have significant absences from the UK or have any previous immigration issues.

Expert legal representation for indefinite leave to remain

Depending on your circumstances, you may be eligible to apply for indefinite leave to remain through routes including:

• skilled worker
• health and care worker
• spouse or partner
• family and private life
• long residence
• UK ancestry
• refugee or humanitarian protection
• other qualifying settlement routes

The qualifying period for settlement depends on the immigration route you hold. For example, many work and family routes can lead to settlement after a qualifying period of five years, while long residence applications are based on ten years of continuous lawful residence.

Our solicitors will identify the specific settlement route applicable to you and assess whether you satisfy all of the relevant requirements.

Continuous residence and absences from the UK

Continuous residence is an important part of many indefinite leave to remain applications. The rules concerning absences from the UK can be complex and may differ depending on the route and the period of residence being relied upon.

For long residence applications, for example, applicants generally need to demonstrate ten years of continuous lawful residence in the UK. The current rules also contain specific provisions concerning absences from the UK, including the treatment of periods spent outside the UK before and after changes to the continuous residence rules.

Our immigration specialists will review your travel history and immigration records and assess whether your absences could affect your eligibility for settlement. Where there are potentially complex periods of absence, we will advise you on how these should be presented and evidenced in your application.

English language and Life in the UK requirements

Depending on the route and your circumstances, you may need to demonstrate sufficient knowledge of the English language and sufficient knowledge of life in the UK.

The Immigration Rules contain specific requirements and exemptions relating to these tests. For example, certain applicants may be exempt based on their age or particular circumstances.

Our solicitors can advise you on whether the English language and Life in the UK requirements apply to you and what evidence you will need to provide with your application.

Settlement based on long residence

If you have lived lawfully in the UK for ten years, you may be eligible to apply for indefinite leave to remain under the long residence provisions.

Long residence applications can be particularly complex where an applicant has held different types of immigration permission during their time in the UK. The qualifying period can include time spent under different immigration categories, subject to the requirements of the Immigration Rules.

Our solicitors can review your entire immigration history and periods of residence to determine whether you may qualify under the long residence route and identify any periods that may not count towards the qualifying period.

Settlement based on family and private life

Individuals who have established their family or private life in the UK may, depending on their circumstances, be eligible for indefinite leave to remain through the relevant family or private life provisions.

The requirements will depend on the specific route, including whether you are applying as a partner, parent, child or on the basis of your private life. Private life settlement can involve specific requirements relating to residence and the immigration permission held during the qualifying period.

Our immigration solicitors can assess your circumstances, immigration history and family or private life in the UK and advise you on the most appropriate route to settlement.

Evidence for an indefinite leave to remain application

A successful settlement application requires evidence demonstrating that you meet the requirements of the relevant Immigration Rules.

Depending on your route, this may include evidence of your immigration status, employment, salary, sponsorship, relationship, residence, absences from the UK, English language ability and Life in the UK test.

Our solicitors will provide clear guidance on the documents required for your application and can assist with reviewing and organising your evidence. We can also prepare detailed legal representations where appropriate to explain how your circumstances satisfy the relevant settlement requirements.

Indefinite leave to remain refusals

If your application for indefinite leave to remain has been refused, our immigration solicitors can carefully review the Home Office decision and advise you on the options available.

The appropriate response will depend on the reasons for refusal and the circumstances of your case. Depending on the decision, this may include an administrative review where available, making a fresh application, making further representations, bringing an immigration appeal where a right of appeal exists, or considering Pre-Action Protocol correspondence and Judicial Review where there are arguable public law grounds.

We will examine the refusal decision, your original application and the evidence submitted to identify whether the Home Office has correctly applied the Immigration Rules and properly considered your circumstances.

From indefinite leave to remain to British citizenship

Indefinite leave to remain provides permanent immigration status in the UK and may be an important step towards British citizenship.

British citizenship is a separate application with its own eligibility requirements, including requirements concerning residence and, in many cases, the period for which you have held indefinite leave to remain. We can advise you separately on your eligibility for naturalisation once you have obtained settlement.

Complex settlement applications

Indefinite leave to remain applications can involve complex legal and evidential issues, particularly where an applicant has changed immigration routes, has significant absences from the UK, has previous refusals or overstaying issues, or is relying on a combination of periods of residence.

Our solicitors, lawyers and barristers have extensive experience dealing with complex UK immigration matters and provide strategic legal representation tailored to the particular circumstances of your case.

We will carefully assess your immigration history, identify the settlement route that applies to you and advise you on any potential issues before your application is submitted.

We understand that obtaining indefinite leave to remain can be a major milestone for you and your family. Our role is to make the process as straightforward as possible, identify any potential difficulties and provide clear and effective legal representation throughout your application.

Our fees are agreed with you from the outset, giving you clarity over the cost of your legal representation. We also offer a free, no-obligation initial assessment so that you can discuss your circumstances with our immigration specialists and understand your options before deciding how to proceed.

Speak to one of our UK Immigration Specialists today.

Call us on 0203 150 2122 for your free initial assessment or complete our contact form and a member of our team will be in touch.