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Indefinite Leave to Remain (ILR) or Permanent Residence (PR) of UK is an Immigration Status, since it enables its holder to settle in the UK and remain without any time limit, and to take up employment or study or any kind of business without restrictions, as well. One can also enter and leave the UK at any time upon holding this status. The immigration status is granted only to individuals who does not hold the right of abode in the United Kingdom (UK). Indefinite leave is a permanent status, however it can lapse where the holder has stayed outside the United Kingdom for a continuous period of more than two years.

In order for an applicant to be eligible to get granted with the Indefinite Leave to Remain, he or she must apply from within the UK, proving that they have lived for required specific amount of time in Britain under one of the following eligible types of UK visa:

  • Spouses under a marriage visa
  • Work Permit Holder
  • Dependant of Work Permit Holder
  • Point Based System (PBS) Dependant
  • Employment not requiring a Work Permit
  • Businessperson
  • Innovator
  • Investor
  • Self-employed Lawyer
  • Writer, Composer or Artist
  • Tier 1 (Entrepreneur) Migrant
  • Tier 1 (Entrepreneur) Migrant - Accelerated route
  • Tier 1 (Investor) Migrant
  • Tier 1 (Investor) Migrant - Accelerated route
  • Tier 2 Migrant
  • UK Ancestry
  • Bereaved Partner
  • Holders of any type of UK visa for 10 years
  • Refugees and people who have entered the UK under humanitarian protection

Qualify Period of Stay in UK

The continuous period of stay in the UK is the time spent in the UK without travelling abroad within a year, calculated from the date you’ve arrived in the UK, or the day you’ve been granted a visa. This is known as the qualifying period and it’s counted to measure your eligibility to obtain an Indefinite Leave to Remain in the UK. There is an allowable period of absence from the UK during a qualifying period, which is commonly 180 days in a year. In exceptional cases, you may settle in the UK regardless of the number of continuous years spent in the UK before that.

Exemption of Compelling or Serious Reason of Absence During the Qualifying Period

  • Serious illness (including of a close family member)
  • Birth/Death of a close relative
  • Conflict
  • Natural Disaster
  • Other such reason(s)

For qualifying with exemption and as proof, applicant needs to provide:

  • Medical Record/Certificates
  • Birth/Death Certificate
  • Conflict
  • Document regarding postponement of travel ticket arrangements due to natural disaster
  • Other related strong documentary evidence

Indefinite Leave to Remain – Permanent Residence as Spouse of Person Settled in the UK

You will have to use the online application form SET(M) form when applying for an ILR as the partner of a person who is settled in the United Kingdom. Children under 18 can be added to your application as dependents.

You must have lived in the UK under a spouse / civil partner visa for the past 5 or 10 years, in order to qualify. Aside from that, you must also fulfil some other requirements stated below.

Financial requirements

You will have to show evidence that you meet the relevant financial requirement of £18,600 as provided at the time of initial spouse visa applicaiton. For this requirement the income you receive from the following will be calculated:

  • Income from your Sponsor
  • Salary you earned from job in UK
  • State or Private Pensions of you and your Sponsor
  • Cash savings above £16,000

Required Documents:

The required documents are to be uploaded on the official website of UKVCAS at the time of making an online application and booking for an appointement at UKVCAS to submit your applicaition and biometric.

For more information and detailed advise, you are welcome to write us at info@wazirsingh.com or speak to UK Solicitors at +91 947 852 6909.


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