After 5 years of lawful and continuous presence in the UK, foreign people may apply for indefinite permission to stay (ILR) on certain employment, business, and family visas. ILR lets you live, work, and study in the UK without a visa. It also allows you to seek for British citizenship after 12 months. This post will explain who may apply for ILR after 5 years and how to combine immigration categories.
5-Year Settlement Criteria Path
The kind of qualifying visa you possess determines the conditions for ILR after 5 years. Applicants must usually prove they:
- Have resided legally and consistently in the UK for 5 years on a qualifying visa or visas (if allowed).
- Not been away from the UK for long in 5 years.
- Passed UK life knowledge (18–64)
- If your route requires English, meet it.
Make sure you know the indefinite leave to remain 5 year route criteria for your immigration path. Spouse visa applicants must live with their partner in a genuine and subsisting relationship and fulfill minimal income standards. Skilled Worker visa holders must be required to work and fulfill wage standards.
How Many Days May I Remain Outside UK For 5 Years ILR?
Immigration laws indicate that you cannot be away from the UK for more than 180 days in any consecutive year to fulfill the 5-year ILR requirement. Make sure you fulfill the absence conditions before applying for a 5-year ILR. Please visit our ‘calculate your absence time from the UK for ILR and British Citizenship’ website to see whether you fulfill the absence criteria.
How Does The Term “Continuous Residence” Work?
Continuous residency implies living in the UK for at least 5 years without interruption. Continuous residency may be disrupted by extended absences, breaching the law, immigration violations, overstaying, deportation, removal, and exclusion from the UK. Your ILR application requires convincing confirmation of continuous UK residency.
Can I Apply For 5 Years ILR With Multiple Visas?
Your visa path may allow you to combine time on several visas to qualify for ILR after 5 years. Time spent in the UK on any of the following work visas counts toward ILR:
- Tier 1 visas (excluding Graduate Entrepreneur)
- Visas for skilled workers or Tier 2 (General)
- Scale-up Employee visa
- Tier 2 Minister of Religion visas
- International sportsperson, T2 or Tier 2 visas
- The innovator founder visa
- Visas: Global Talent or Overseas Business Representative.
Investor and Tier 1 (Entrepreneur) visa holders cannot spend UK time on other visas.
Suppose You Don’t Fulfill The 5-Year ILR Route Criteria
You usually need 5 years of continuous residency before applying for ILR. However, rare conditions may allow application. If you have a spouse visa and your partner died or was abused, this may apply. If your protracted leave was due to special circumstances like a family loss, you may be exempt from the 5-year minimum. Some visas allow ILR after 3 years, such the Innovator Founder visa.
How Can Reiss Edwards Aid?
UK settlement and citizenship applications are QC-Immigration’ specialty. Their immigration lawyers can:
- Review your and your family’s situation and eligibility ILR
- After 5 years, apply for indefinite leave to stay for you and your family.
- Deal with UKVI inquiries and ILR application rejections.
- Explain ways to overcome residence gaps or extended absences.
- Help you and your family get UK citizenship.
In order to increase the success percentage of visa or citizenship applications, QC-Immigration prioritize providing honest advice, personalized support, proven results, quick service, assurance, and fixed fees. QC-Immigration immigration attorneys can help with ILR and citizenship applications. Contact them for a consultation.
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