Indefinite Leave to Remain
You can apply for Indefinite Leave to Remain in the UK as the spouse or partner of a person present and settled in the UK once you can demonstrate that you have completed 5 years in the UK in a settlement category.
Frequently Asked Questions
The most frequent questions we receive from prospective clients with respect to obtaining Indefinite Leave to Remain are:
What are the criteria set by UK Border Agency to obtain Indefinite Leave to Remain in the UK?
What is the Life in the UK test?
How long will it take?
What documents do we need to provide?
How much will it cost?
I have previous criminal convictions
What happens if the application is refused?
When an application is considered, the following rules must be satisfied to obtain Indefinite Leave to Remain in the UK:
- You were issued with valid leave and you have completed 5 years in the UK
- You are remain the spouse or partner of the person you were given leave to join in the UK
- You and your spouse or partner intend to live together permanently and your relationship is subsisting
- You have sufficient income or funds to support yourselves and any dependents without any help from public funds
- You will have suitable accommodation which you own or rent and have at least one room available for your exclusive use
- You have passed your Life in the UK test or you have sufficient knowledge of the English Language
An important provision is that you must pass the Life in the UK test. Details of the test can be found at www.lifeintheuktest.gov.uk or you can purchase the book at most major book stores.
We recommend that you this as soon as you can as it’s expensive to apply for an extension simply because you failed to take the test.
Applications made inside the UK- it currently takes between 3- 6 months to process applications made to the UK border Agency. The complexity of your application will determine how long it will take for your application to be processed as well as the volume of applications they have to process.
The documents that are required vary depending on your personal circumstances and we advise that you contact us to ensure that you submit all of the relevant documentation.
The current fee for making an application inside the UK is £972 via post and £1,350 if using the premium service.
You will be unable to obtain Indefinite Leave to Remain in the UK if you are in possession of any unspent criminal convictions.
The UK Border Agency view any offence such as theft, drink driving, using a mobile phone while driving and being disqualified from driving as criminal convictions and you will be prevented from naturalising until these convictions are no longer active.
It is imperative that you do not seek recourse to public funds. If your partner in the UK is in receipt of any public funds please advise and we can give you more detailed information.
If your partner's application is refused we will review the refusal document and advise you as to next steps and if Counsel will need to be instructed.