Guidance for UK Visas and Immigration staff on how to consider settlement and leave to remain applications from people applying on the basis of long residence in the UK. This list can be found in Appendix O of the Immigration Rules. 2 September 2020. I do not have dependants, I am applying to ILR after 5 years on Tier 2. Your sources of income must be a source of income that is allowed by the Home Office. For more information on this, check out our SET M Financial requirements guide for 2020. If you are applying for Indefinite leave to remain under the following categories, you do NOT need to meet the English language requirement: If you do not belong in one of the above categories, you must either submit evidence that shows: You can generally meet the English language requirement in 5 ways: 1) By passing an English language test in speaking and listening at B1 level of the Common European Framework of Reference for Languages (CEFR). It asked for COS number. This is discussed in S-ILR.4.5. This section is relevant irrespective of whether current status is Tiered or Non-Tiered. Updated the guidance on calculating the 5 year continuous period in the UK. You are then permitted to apply up to 28 days before you reach the five year qualifying period. Added information for users with a pending application for leave to remain. The good thing, though, is that the test itself is not too difficult as long as you read the book a few times. Guidance Indefinite leave to remain: calculating continuous period in UK ... 10 June 2020. Background The UK’s exit from the EU took place on 31 January 2020. Leave is granted for up to five years after which time applicants can either extend their leave or apply for Indefinite Leave to Remain (ILR). Indefinite Leave to Remain 2020 Guidance UK Ancestry Visa 2019 Guidance Settlement (ILR) as a Victim of Domestic Violence – SET DV Form Guidance SET M Applications (5-year Partner route) To check whether this is the case, check the official Home Office list here. We use this information to make the website work as well as possible and improve government services. 3) By being a national of a Majority English Speaking Country. Contacting Us Our main website address for contacting us is given below. Don’t include personal or financial information like your National Insurance number or credit card details. #7 You were specifically asked to provide a maintenance and accommodation undertaking and you do not do this. The different Indefinite Leave to Remain routes will require you to submit different documents. Businessperson, innovator or investor. The Indefinite Leave to Remain fees and costs in 2020 depends on the category in which you are applying for Indefinite Leave to remain (ILR). I have following Questions for my ILR application and my spouse visa mentioned at end where I am looking assistance from experienced members here. #3 You have been convicted of an offence and have received a non-custodial sentence or other out of court disposal. The ILR status grants you the right to live freely in the country, without immigration restrictions. Please use this section of the board for queries about Indefinite Leave to Remain (ILR). The Home Office previously announced that the visas of UK resident Chinese nationals and those ordinarily in China which expire between 24 January and 30 March 2020 will be extended to 31 March 2020. You will usually know if this is the case. The following is a general document checklist for documents that are generally required for Indefinite Leave to Remain (ILR) in 2020: Applicant’s passport (current & valid) Applicant’s travel document (if a passport is not included) 5) By having an academic qualification equivalent to a Bachelor’s degree or higher (not including professional and vocational qualifications) from one of the following countries, which have been listed in paragraph 2.2(a)(iii) of Appendix KOLL: Who are exempt from the English language requirement? This lists the following countries as being majority English speaking countries: If you a national from one of the above passports, you do not need to sit the test and simply showing your passport is good enough for the Home Office! This Visa premium service costs £610 for each person. The requirements are found in the Immigration Rules, which are unfortunately tens of thousands of words long! This is discussed in S-ILR.1.3. Electronic online application form 2020 does .. The test provider must be one listed as being approved by the Home Office. 11 August 2020. The assessment of absences for nationality applications is different. indefinite leave to remain in the UK in one of the categories listed in this form and a biometric immigration document In accordance with paragraph 34 of the Immigration Rules, this form is specified for applications made on or after 23 October 2014 for the purposes listed overleaf. This is the case if the UK partner receives a permitted benefit (commonly Personal Independence Payments, Disability Living Allowance (DLA) & Carer’s allowance), in which case the ‘adequate maintenance’ requirement will apply. – S-ILR1.5. of the Immigration Rules Appendix FM Family Members. 1 … This file may not be suitable for users of assistive technology. You can apply for indefinite leave to remain any time after you have completed 10 years continuous lawful residence in the UK – there is no limit on the length of time passed within which you must apply. If any of the following apply, your ILR application MAY be refused: #8 You owe the Home Office litigation costs and have failed to pay this. Unlike much of the other documents that you will have to prepare, the Life in the UK test one is something that was probably not a requirement for you in a previous application. I selected "Tier 2 dependent". This means a person granted leave to remain on the basis of the 14 years residence in the UK can still be granted indefinite leave to remain once the requirements are made. The required amount will be lower if the adequate maintenance test applies. This is discussed in S-ILR.2.2. If you are aged 65 or over, or are unable to take the test as a result of a physical or mental disability, you will not be required to take the test. All content is available under the Open Government Licence v3.0, except where otherwise stated, If you use assistive technology (such as a screen reader) and need a of the Immigration Rules Appendix FM Family Members. However, this website will help you identify which requirements apply depending on the ILR route that you are applying under. If you met the B1 standard in your last partner visa application, then this will be an easy requirement to meet, as you will be able to submit the case English language certificate, as long as the qualification is still approved by the Home Office. This is discussed in more detail in our settlement after 5 years as a spouse – SET M 2020 Guidance article. This is discussed in S-ILR.1.6. 2 March 2020. This guidance is based on the Immigration Rules. This can vary greatly from case to case. The requirements to be met for indefinite leave to remain as a person granted refugee status are set out at paragraph 339R of the Immigration Rules. You must earn higher than the financial threshold that applies to you. Cash savings can also be used to lower the required amount of gross annual income. Don’t worry we won’t send you spam or share your email address with anyone. This is the case whether or not you intentionally provided false information, representations or documents. There are some situations that WILL result in your ILR application being refused: #1 You have been told that you are subject of a deportation order. Your email address will not be published. It says COS number doesn't exist. when a person should be refused entry clearance, leave to remain or variation of leave to enter or remain in the UK on general grounds. Indefinite Leave to Remain (ILR) Requirements 2019, Indefinite Leave to Remain (ILR) English Language Test in 2019, Required Indefinite Leave to Remain (ILR) Documents in 2020 [Checklist], SET M Application Form in 2019 – What you need to know, Settlement (ILR) after 5 years with a UK Spouse – SET M 2019 Guidance, Settlement (ILR) as a Victim of Domestic Violence – SET DV 2019 Guidance, SET LR Guidance – 10 Year Long Residence Applications, Part 1: About Indefinite Leave to Remain (ILR), Part 2: Indefinite Leave to Remain (ILR) Requirements in 2020, Part 3: Indefinite Leave to Remain (ILR) Refusal Reasons, Indefinite Leave to Remain fees and costs in 2020, Indefinite Leave to Remain (ILR) requirements in 2020, Life in the United Kingdom: A guide for new residents (3, Indefinite Leave to Remain (ILR) English language test in 2020, applying for Indefinite leave to remain as a victim of domestic violence, required documents for Indefinite Leave to Remain (ILR) in 2020 (Document checklist) article, settlement after 5 years as a spouse – SET M 2020 Guidance article, SET M Financial requirements guide for 2020, Life in the United Kingdom: a guide for new residents, Immigration Rules Appendix FM Family Members, Settlement (ILR) as a Victim of Domestic Violence – SET DV Form Guidance, Applying for Indefinite leave to remain (ILR) on the basis, Applying for Indefinite leave to remain (ILR) as a, Apply for Indefinite Leave to Remain following 5 years of a, Apply for Indefinite Leave to Remain as a, Applying for Indefinite Leave to Remain (ILR) as someone who is approaching 5 years of continuous leave to remain in the UK” in, You must have kept a record of the dates in which you were, You must also comply with Indefinite Leave to Remain requirements that are, Those who apply for indefinite leave to remain as a spouse who has been a, That you satisfy the English language requirement; or. See related link to the rules. Whilst the majority of Indefinite Leave to Remain applicants have to wait 5 years (after having been on certain visas), some will require 2, 3 or even 10 years. You can find this application form link at the top of this article, which will send you to the official Home Office website. #2 English language requirement for Indefinite Leave to remain in 2020 – what is it? Guidance for UK Visa Holders - 24 March 2020. Britain offers a wealth of opportunities, in terms of career, culture, and family life. The correct Indefinite Leave to Remain (ILR) application form will depend on the ILR route that you are applying under. Guidance issued last night (Wednesday 20 May) stipulated that family members must have been working for the NHS or an independent […] Required fields are marked *. However please use the EEA-route section for queries about the EEA-route equivalent of Permanent Residence (PR). It is relevant to all categories of applications for entry clearance and leave to remain in the UK. You’ve accepted all cookies. Indefinite Leave to Remain or ILR has its own specific characteristics. Section R-ILRP of Appendix FM-SE lists the summary of the requirements as: In addition to this, you will be required to pay the SET M fees and costs in 2020. 2) By already having met the B1 English language requirement in a previous UK visa category that has provided you with continuous permission to reside in the UK. The Home Office revises Nationality and Immigration charges once every year. #2 Which Indefinite Leave to Remain form should I use? It will take only 2 minutes to fill in. 22 July 2020… In this post, we take a look at some of the most frequently asked questions from those who have been granted Indefinite Leave to Remain or ILR status, including how to prove it, the rights that it … Other exemptions to the Life in the UK Test. We’ll send you a link to a feedback form. This is because the same financial requirements that you had to meet in the previous FLR M application applies. If you are the immediate relatives of a British settled person and wish to apply for Indefinite Leave to Remain (ILR) in the UK, you can use the Set M Form. It is also a necessary step before you can seek citizenship in the UK. To remind you, here is the current list of the majority English speaking countries: Antigua and Barbuda Australia The Bahamas Barbados Belize Canada Dominica Grenada Guyana Jamaica New Zealand St Kitts and Nevis St Lucia St Vincent and the Grenadines Trinidad and Tobago USA. You can change your cookie settings at any time. Separate However please use the EEA-route section for queries about the EEA-route equivalent of Permanent Residence (PR). Immigration staff guidance on calculating the 5 year continuous period in the UK requirement for an applicant. Updated guidance to reflect a change to the key dates. The rules on long residence recognise the ties a person may form with the UK over a lengthy period of residence here. This figure will be higher if other children are applying at the same time as the main applicant. Indefinite Leave to Remain UK Guidance. of the Immigration Rules Appendix FM Family Members. However, a person granted an extension of stay following an application made before 9th July 2012 can still be considered under the rules in force before that date. To help us improve GOV.UK, we’d like to know more about your visit today. version of this document in a more accessible format, please email, Indefinite leave to remain: calculating continuous period in UK, Settle in the UK in various immigration categories: form SET(O), Applications for leave to remain: validation, variation and withdrawal, Chapter 08: appendix FM family members (immigration staff guidance), Apply to extend your stay in the UK: form FLR(FP), Apply to extend stay in the UK as a partner or dependent child: form FLR (M), Other cross-cutting guidance (immigration staff guidance), Coronavirus (COVID-19): guidance and support, Transparency and freedom of information releases. #4 Your behaviour has made you undesirable to allow you to remain in the UK. I used Set (O) for them. We use cookies to collect information about how you use GOV.UK. In order to make an application you will have to submit a residence card for a continuous period of five years which has not been revoked or renewed. For example, if your very first Tier 2 visa was issued on 1 July 2015, you could submit an application for ILR no earlier than 3 June 2020. Click the "allow" button if you want to receive important news and updates from immigrationboards.com. Immigration staff guidance on how to calculate the five year continuous lawful period in the UK requirement for an applicant. #9 You owe the UK National Health Service (NHS) more than £500. You are under the age of 18 (at the time you make the application); or, You are over 65 (at the time you make the application); or, You have a physical or mental condition that makes it unreasonable for you to fulfil the standard English language requirements, You and your partner cannot be in a relationship that is ‘, You and your partner must be aged 18 or over when you make the Indefinite Leave to Remain application, You have to provide evidence to show that your relationship is ‘, Income from employment (this can be either salaried & non-salaried and can both inside the UK and from employment overseas), Income from self-employment (both inside the UK and from employment overseas), Cash savings of the applicant and/or sponsor, Ongoing payments from a structured legal settlement, Maintenance payments from a former partner. If you wish to apply for indefinite leave to remain in the UK on form SET(M), please read these guidance notes and the separate guidance on the rules for passport photographs before making your application. Guidance updated: removal of intra-company transfers provision. My 5th Anniversary on Tier 2 General Visa was 01 May 2020. #1 Life in the UK Test & Indefinite Leave to Remain – Do I need to do it? #3 What are the Indefinite Leave to Remain documents that I need to submit in 2020? This list can currently be found in Paragraph 2.2(a)(i) of Appendix KOLL. This article will provide a free Indefinite Leave to Remain document checklist. Certain applications may be delivered by courier - see the guidance notes. It is generally required in SET M applications, unfortunately. I entered the COS number from my Tier 2 General Visa. This is discussed in S-ILR.1.9. One of the key benefits of the Tier 2 visa is that it can lead to settlement in the UK under Indefinite Leave to Remain.. With ILR status, individuals can remain in the UK lawfully without having to meet the ongoing conditions and restrictions of the Tier 2 points-based visa, such as sponsorship by a qualifying employer. Ayesha and her 14 year old daughter are from Pakistan. The government has stated that non-EEA family members of any NHS, healthcare or social care worker who has died as a result of coronavirus, will receive immediate indefinite leave to remain, free of charge. Person granted indefinite leave as a victim of domestic violence or abuse This category is only for students who are starting a course on/after 1 August 2020. Your indefinite leave will lapse if you stay outside the UK for 2 or more years (5 or more, if granted settled status under the EU Settlement Scheme) at a time. This guidance is based on the Immigration Rules. The required financial threshold will be increased by: In other cases, the required amount of annual income can be lower. This section is relevant irrespective of whether current status is Tiered or Non-Tiered. The following are the general Indefinite Leave to Remain (ILR) requirements in 2020: The majority of people applying for Indefinite leave to remain will need to pass the Life in the UK Test. There are also some specified situations that WILL PROBABLY result in your ILR application being refused: #6 You have provided false information, representation or documents or failed to disclose important facts in relation to an application. Please use this section of the board for queries about Indefinite Leave to Remain (ILR). This is discussed in S-ILR.1.7. Indefinite leave to remain, otherwise known as “Permanent Residence” or “settlement”, is an immigration status granted to people who have shown a commitment to the UK on various temporary visas. This can vary quite considerably. of the Immigration Rules Appendix FM Family Members. Bachelor’s, Master’s or Phd Degree in the UK. The limits set out in this guidance apply to applications for indefinite leave to remain (ILR) only. & S-ILR.1.8. The following are income sources that the Home Office allow when calculating whether you meet the financial requirement: Your income must be evidenced in a specific manner. Indefinite Leave to Remain or Settlement considered as ultimate end-goal for many migrants who come to the UK. of the Immigration Rules Appendix FM Family Members. If you met the English language requirement by being from a Majority English speaking country, as defined by the Home Office, again you just need to submit your passport again to show that you are from that country. Moreover, the ILR same day fees 2020 for indefinite leave to remain applications will also remain at £3,189. In fact, the charges are payable under section 68 and 69 of the Immigration Act 2014. Are you wondering if this applies to you? 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