USA and the UK
If you apply for Indefinite Leave to Remain after 5 years, you will be granted many benefits when living in the UK. It is a form of ‘settled status’, allowing the applicant to live, work or study in the UK without facing strict immigration restrictions. If you are looking to gain British Citizenship in the future, applying for ILR is the first necessary step in achieving your goal.
Normally, you can apply for Indefinite Leave to Remain under the condition that you have lived in the UK for a minimum of five years. However, there are certain requirements you must meet in order to qualify for the five-year route. Many others will have to wait until they reach a minimum of ten years in the UK.
How can IAS help?
An immigration lawyer at IAS will be able to evaluate if you are able to apply for ILR after five years. Once you are assigned a lawyer, they will be able to assess your circumstances and help you apply appropriately. Contact us today on +1844 290 6312 or make an inquiry online to check if you are eligible to apply for Indefinite Leave to Remain after 5 years.
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If you are looking to apply for Indefinite Leave to Remain after 5 years, it is necessary that you have been living in the UK during this time. You must have stayed on the same visa type throughout.
The criteria that lead to ILR depends on which visa you are already on. Certain visas will only expire after five years, giving you the perfect opportunity to apply for ILR.
However, other visa types only grant permission for you to stay in the UK for two or three years. In this case, you will have to check you meet the ILR requirements or renew your original visa until you reach the five-year threshold. Normally, you will only have to renew your visa once before being suitable to apply for Indefinite Leave to Remain after 5 years.
If you have changed your visa type during your time in the UK, you could still be eligible for ILR. As long as you have continuous residency totaling over a five-year period on one visa category, you may still be eligible to apply for ILR visa.
The five-year path is not always the easiest route for certain applicants. If you frequently changed visa types throughout your time in the UK, you may have to wait until you have accumulated 10 years. If you can prove you have been a continuous resident in the UK for this time then you will qualify for Indefinite Leave to Remain.
Continuous residency is the most important requirement in ILR visa applications. The UK government takes absences from the UK seriously.
If you are applying for ILR, you must not have had:
- Absences longer than 180 days at a time
- Absences over 540 days in total
You could be exempt from these requirements if you have serious or compelling reasons why you were absent. For example, if you work overseas, had to attend a funeral or take care of an ill family member.
If you fear that you may have gone over the absence limit, you should seek expert legal advice. A lawyer will be able to help you claim an exemption with your application.
A fully qualified lawyer can assist you with your application for Indefinite Leave to Remain after five years. From start to finish, we strive to achieve the best results for you.
What we do:
- Provide you with an advice session to discuss your eligibility, either in person, phone or online;
- Assess the likelihood of whether your application for ILR after 5 years would be successful;
- Provide you with a Letter of Representation to go with your application;
- Communicate with the UK government and keep you updated on your visa status;
- Complete your forms and documents to the highest standard in a concise portfolio.
For further information, contact us on +1844 290 6312 or use our online form to discuss your options and whether you’re eligible for ILR after five years.