How to get Indefinite Leave to Remain Without Living in the UK for 5 years

If you want to settle in the UK, it can be frustrating to have to wait 5 years to meet the residence requirement to satisfy the eligibility criteria for an indefinite leave to remain application. Our immigration solicitors look at your best ILR options if you do not want to have to wait to meet the 5-year residence requirement.

UK Online and London-Based Immigration Solicitors and Indefinite Leave to Remain Lawyers

For advice on your indefinite leave to remain application call the expert London immigration lawyers at OTS Solicitors on 0203 959 9123 or contact us online.

Settling in the UK

To many settling in the UK means getting British citizenship. Nothing less will do. However, under UK immigration rules, UK settlement is a 2-stage process:

1. Secure indefinite leave to remain
2. Apply for British citizenship

In most situations, you need to leave at least 12 months between securing your indefinite leave to remain status and applying for British citizenship. That means most people need to have been living in the UK for 6 years before they can get British citizenship. That is too long for some settlers who want to achieve accelerated settlement so they cut down on the time they spend in the UK on a family visa or work visa or business visa and escape the constraints of being subject to UK immigration controls.

Quick routes to indefinite leave to remain status

Whilst some visas do not lead to settlement (for example, the student visa or graduate visa), there are other visa types that allow visa holders to apply for indefinite leave to remain after meeting a 5-year residence requirement (for example the skilled worker visa ). There is then a very limited category of quick or accelerated settlement visas, namely:

• The investor visa – this route is closed to new visa applicants because of controversy over what was referred to as the golden ticket visa. Those already in the UK on an investor visa can apply for accelerated settlement. The length of the residence requirement depends on the amount of their UK investment and hence the media criticism that British citizenship was ‘for sale’ to those who could afford to invest
• The entrepreneur visa - this route is also closed to new applicants but those in the UK on an entrepreneur visa can apply for accelerated settlement provided they meet the ILR eligibility criteria
• The innovator visa – this business visa is for entrepreneurs with a viable, scalable, and innovative business idea who can secure the endorsement of their plans from a Home Office-approved but independent endorsing body and who then meet the Home Office application eligibility criteria. An initial investment of £50,000 into the business is required. If you do not think that your business plans are sophisticated enough you can apply for a start-up visa and then transfer to the innovator visa
• The global talent visa – this visa is another visa for the brightest and best and one where most applicants require endorsement by an industry-related endorsement body unless the visa applicant is the winner of a prestigious prize on a Home Office-approved list of suitable prices. The first point is that to secure the global talent visa you must either have exceptional talent or promise in one of a limited number of fields, such as arts and culture, digital technology, engineering, humanities, medicine, or science

Indefinite leave to remain lawyers tips on how to get ILR quickly

Indefinite leave to remain lawyer’s tips on getting ILR quickly include:

1. Think about whether your goal is UK settlement before you first apply for a UK visa as that may influence your choice of visa. For example, the graduate visa does not lead to settlement but the skilled worker visa does. For example, the start-up visa does not lead to settlement but the innovator visa does do so
2. Chose a visa that qualifies for an accelerated settlement. For example, if settlement is a key priority and you have experience as an entrepreneur and investment funds of at least £50,000 you should choose the innovator visa rather than the start-up visa
3. Understand the immigration rules on absences from the UK and ILR settlement. For example, you will need to wait longer to apply to settle if you do not meet the residence requirement because of prolonged absences from the UK during the shortened period of residence required for an accelerated settlement application. The residence requirement can be shortened to 2 or 3 years rather than the normal 5-year requirement but there are still immigration absence rules you must comply with about leaving the UK during the 2, 3, or 5-year residence requirement period
4. Understand the visa-specific immigration rules on your indefinite leave to remain application. For example, if you are in the UK on an investor visa you must comply with the complicated immigration rules on permissible investments that qualify for the investor visa and you must continue to invest in permissible investments throughout the duration of the investor visa to qualify for indefinite leave to remain
5. Talk to indefinite leave to remain lawyers. Getting early specialist legal advice on the eligibility criteria for your ILR application means you are less likely to fall foul of the visa-specific eligibility criteria for your indefinite leave to remain application and you can work your family and work life around the residence requirement rules and absence limits

In addition to the visas that encourage the brightest and best to apply for quick UK settlement, there are special immigration rules for quick UK settlements for those who enter the UK on a spouse visa or family visa and where circumstances change. Indefinite leave to remain lawyers will advise you that if you are in the UK on a spouse visa or family visa and your visa stops because of the death of your partner or because your relationship ends due to domestic violence the Home Office has special concessions that allow visa holders to apply for ILR, even though the applicant does not meet the residence requirement.

Indefinite leave to remain lawyers understand the quickest routes to UK settlement and can guide and support you in your ILR application and, if you want to apply for British citizenship, can help with your naturalisation application.

UK Online and London-Based Immigration Solicitors and Indefinite Leave to Remain Lawyers

For advice on your indefinite leave to remain application call the expert London immigration lawyers at OTS Solicitors on 0203 959 9123 or contact us online.

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