USA and the UK
If you are a non-EEA national who currently have leave to be in the UK to live, work or study, you may be wondering how to start applying for settlement in the UK. Although known as a Settlement Visa UK, there are two different forms of settlement in the UK. For EEA citizens, there is the EEA Permanent Residence Card. For non-EEA nationals, it is Indefinite Leave to Remain.
If you have a Settlement Visa, or Indefinite Leave to Remain (ILR), you can remain in the country for an indefinite period under fewer restrictions. You will no longer be subject to the restrictions of your visa and will have more freedom to work, live and travel. However, ILR and EEA PR can be revoked if you spend too long outside of the country or for other violations such as criminal convictions. The lawyers at IAS have supported many non-British nationals in their applications for settlement in the UK. Your personal lawyer will discuss your settlement options and advise you on the best course of action to obtain your Settlement Visa UK.
How can IAS help?
We will also assess your eligibility and advise you on ways to resolve any issues that may be identified. Your lawyer will also include a Letter of Representation with your application, detailing your case and its merits. This legal document will also include references to relevant UK case law to support your application. We provide help to prepare you for the Life in the UK test (and English Language test for nationals of a non-English speaking country). Get in touch on +1844 290 6312 today or make an inquiry to find out more or start your application.
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For those who already hold leave to be in the UK and interested in applying for settlement, there are a number of options.
The most common Settlement Visa UK is known as Indefinite Leave to Remain (ILR).
A successful application for ILR will grant Permanent Residency in the UK. This means that the application process under the Immigration Rules is strict. Your application for settlement will depend on your current leave and whether you still meet the requirements for your visa.
If you are looking to remain in the UK on a permanent basis, with the same rights as British-born citizens, you will need to become a British Citizen.
British Citizenship allows the holder to freely leave and enter the UK as it frees them from the Immigration Rules. To become a British Citizen, you must have lived in the UK for the past five years and have held ILR for at least a year. Unless you can claim through descent, you will need to undergo the British Naturalization process to become a British Citizen.
If you do not qualify for Indefinite Leave to Remain at present, you may be able to extend your visa. This is also known as Further Leave to Remain. You must apply to extend your visa before your current leave expires. If you do not, you will be considered an overstayer and may be forced to leave the country.
If you are from the EEA (European Economic Area) you can travel to, live, study and work in the UK free from restrictions. With Brexit imminent, many EU nationals living in the UK are choosing to secure their places in the UK permanently to avoid having to disrupt their lives once Britain leaves the EU.
You can settle in the UK as an EU citizen (as well as an EEA citizen) by applying for EEA Permanent Residence. This allows you to retain your rights and become a permanent resident of the UK.
If you have settled EU nationals living in the UK now, you may also be able to use their status to join them, using an EEA Family Permit.
Find out more about the different options to settle in the UK as an EU citizen.
We understand the importance of settling your immigration status. Our team of expert immigration consultants can help you on every step towards this goal.
Our services include:
- Assessing your eligibility for the UK Settlement Visa route;
- Meeting with you in person, over the phone or via Skype;
- Checking your documents to ensure that they are sufficient before you apply for settlement;
- Providing you with a personalized Letter of Representation. This explains your case and its merits along with any supporting UK immigration laws;
- Corresponding with the Home Office on your behalf;
- Preparing you for your Life in the UK test;
- Advising you on whether you will need to pass the IELTS test;
- Completing your application forms to a high-quality standard.
If you would like more advice on how to apply for settlement, use +1844 290 6312 or our online contact form to contact one of our experienced immigration lawyers today.