Settlement in the UK

Eligibility Requirements

The most basic requirement for Indefinite Leave to Remain is to have been lawfully living in the UK for a certain period. However, there are other requirements which must be fulfilled too. These are:

1. Lawfully residing in the United Kingdom
2. Not having a criminal record
3. Not breaching any immigration rules during your residence
4. Not exceeding 180 days of leave in a single 12-month period
5. Passing the Life in the UK Test
6. Meeting the English Language requirement

Exemptions

Certain individuals will not need to apply for Indefinite Leave to Remain when seeking settlement in the United Kingdom. These are:

• Those eligible for British citizenship by descent
• Child dependents of a British citizen or person with settled status
• An adult dependent who is reliant on the long-term care of their family member who is a British citizen or person with settled status
• Refugees resettled in the UK through the Gateway Protection Program

What are the different routes to Indefinite Leave to Remain?

If you have been lawfully living in the UK under a visa that leads to settlement then you will be able to apply for Indefinite Leave to Remain once you have satisfied the residence requirement of that particular visa.

The following visas can lead to Indefinite Leave to Remain:

• Spouse Visa
• Fiancé Visa
• Family Visa
• Global Talent Visa
• Investor Visa (Tier 1)
• Innovator Visa
• Entrepreneur Visa
• Skilled Worker Visa
• Sportsperson Visa (Tier 2)
• Minister of Religion Visa (Tier 2)
• Intra-Company Transfer Visa
• UK Ancestry Visa
• Retired Person Visa
• Long residence
• Returning resident

Can I apply for Indefinite Leave to Remain after five years?

The amount of time you must have spent in the UK before you are eligible to apply for Indefinite Leave to Remain depends on the visa you have been granted. In most cases, an individual can apply for Indefinite Leave to Remain after five years of lawful residence in the UK.

Some of the visas which require five years of UK residence include:

• Spouse Visa
• Unmarried Partner Visa
• Family Visa
• Long-term Work Visas
• Skilled Worker Visa
• UK Ancestry Visa

You could be eligible for Indefinite Leave to Remain with less than five years of residence in the UK, including those residing in the UK under:

• Innovator Visa
• Global Talent Visa
• Investor Visa (Tier 1)
• A Commonwealth citizen who has served in the British Armed Forces

In some cases, the minimum time requirement will be longer than five years. Individuals who have been granted the Long Residency Visa will be required to complete 10 years of continuous and lawful residence before applying for Indefinite Leave to Remain if they are aged over 18. If the individual is a minor they would only be required to reside in the country for 7 years before pursuing a settlement application.

Settlement as a Victim of Domestic Violence

Who can apply?

If you are living in the United Kingdom as a spouse, civil-partner or unmarried partner of a British Citizen or person settled in the UK, whose relationship has recently broken down permanently because of domestic violence, you may be able to apply for Indefinite Leave to Remain in the UK

If you meet the requirements and are able to provide the necessary documentary evidence to prove that the main reason for the breakdown of your relationship was due to domestic violence, you will be granted settlement in the UK.

What is Domestic Violence?

The Government introduced a new definition of domestic violence as of 31st March 2013. The definition of domestic violence and abuse is any incident or pattern of incidents showing controlling, coercive or threatening behaviour, violence, or abuse between those aged 16 or over, who are or have been intimate partners or family members, regardless of gender or sexuality. This can be the following types of abuse: psychological, physical, sexual, financial and emotional abuse.

The Domestic Violence Rule applies if you are in the UK as the wife, husband, partner or civil partner of someone who is British or has Indefinite Leave to Remain. The Domestic Violence Rule was brought in in 2002 because victims were being forced to continue receiving abuse to maintain their leave to remain. The Rule allows people who entered the UK on a spousal visa and then suffered domestic abuse to apply for Leave to Remain.

You do not need to have suffered physical violence to benefit from the Rule. If you have experienced sexual, psychological, emotional or financial abuse which has which has directly resulted in the breakdown your relationship with your sponsor during the probationary period you are entitled to Indefinite Leave to Remain under the Domestic Violence Rule.

Application For Leave to Remain Under The Victim Of Domestic Violence (DDV) Concession

You can apply for leave to remain for 3 months under the victim of domestic violence concession if you want to notify the Home Office that you require access to public funds in order to find safe accommodation and support yourself before you apply for Indefinite Leave to Remain as a victim of Domestic Violence.

The application for victim of domestic violence concession leave is not an application for indefinite leave to remain based on domestic violence. If you are granted leave with access to public funds, this will be for a limited time of 3 months only.

You should submit your application for indefinite leave to remain on the basis of domestic violence within this 3-month period. If you do not submit a further application within 3 months, any leave the Home Office grant you as a result of the concession will come to an end. If you qualify under this concession and you are granted limited leave, this does not guarantee that your application for indefinite leave to remain will be successful.

Why choose Westridge Legal?

Settlement in the UK can become very complicated very quickly and it is important that you obtain legal advice prior to pursuing any applications of this nature. Our team of Immigration lawyers are aware of the sensitivity and complexity involved in such matters. We understand that every individual requires different care and are here to support you especially for cases involving domestic violence.

Our highly experienced lawyers will guide and support you every step of the way to ensure that the best outcome is achieved with minimal disruption to your life.

If you wish to speak about your options directly with our specialist staff, please contact us on 0121 724 0302 to book a consultation today.