ILR: You have questions, we have answers

We get a lot of questions about Indefinite Leave to Remain (ILR) in the UK. Now our crack team of consultants at 1st Contact Visas have the answers to some of the burning frequently asked questions.

ILR

Will I be able to apply for ILR after working in the UK on a Tier 2 visa for five years?

Yes, as long as you have spent five consecutive years on a Tier 2 visa in the UK.

If at any point you need to extend your Tier 2 visa we recommend doing so at least three months before its expiry date.

I plan to acquire ILR via a five year Ancestral visa. How many days can I spend out of the UK without voiding my visa?

You are allowed to be out of the country for 180 days for each of the five years of the Ancestral visa. Note: The year runs from your visa issue date, not the calendar year.

I am now eligible to apply for ILR but I have family members that are on dependant visas. Should my dependants apply for ILR at the same time as I do, regardless of whether or not they qualify for ILR?

Your dependants must change their status when you change yours – if they don’t they’ll lose their dependant visa. This means it could take another five years (from the date of issue of their new visas) for them to become eligible to apply for ILR.

It is a mistake to only apply for yourself, your dependants must apply for ILR at the same time as you.

Please be aware that these applications are extremely complex. If you are applying for ILR with dependants, please contact our agents for help and advice.

I am a British citizen, and my non-British spouse has been living with me on a spousal visa. How many years does he have to be in the UK before he is eligible for ILR?

He will have to be in the UK for five consecutive years to be eligible to apply for ILR. A spousal visa, however, is only valid for two and a half years so he will have to renew his visa after 30 months.

Remember, if you are on a spousal visa, and you spend more than 180 days outside of the UK your five-year residency period will be reset.

If I study in England for five years on a Tier 4 visa can I apply for ILR?

No, Tier 4 visas are not eligible for settlement purposes. You will need to convert your Tier 4 visa to a different visa category to qualify for ILR.

I have studied in the UK from 2009-2013 on a Tier 4 visa. Since completing my studies in 2013 I have been living in London on a Tier 2 skilled visa. Altogether I have stayed continuously in the UK for more than five years now, can I apply for ILR?

Unfortunately no, when you switched to the Tier 2 visa, your Tier 4 visa expired automatically. The five years you need to accrue before applying for ILR begin on the start date of your most recent visa.

I have been in the country for five years on different valid visas with no breaks between each visa. Can I now apply for ILR?

No. To claim ILR you must have been on the same visa for at least five years. However, if you stay in England for another five years you may be eligible for ILR via the 10 years long residency route.

I’m hoping to apply for ILR via the 10 years long residency route, what are the basic requirements for this route?

To qualify for ILR through this route, you must have had continuous residence (with no break in visas) in the UK for 10 years. You are also not allowed to have spent more than 180 days (at one time) away from the UK and you must not have spent more than 540 days outside of the UK during the 10 years.

The requirements in situations like this can be tricky, especially if you have held multiple continuous visas over a ten year period. You should definitely contact us if you want to pursue this route.

My visa is set to expire in a few months. What is the earliest date I can apply for ILR?

You are able to apply 28 days before the expiry date of your current visa.

How long does an ILR application take?

If you choose to use a fast track or same day service you will get your answer immediately. If you do a postal application it can take anywhere between four and six months.

Once ILR is granted how long can you be out of the UK without having your ILR status revoked?

If you are absent for a period of two continuous years it is usually deemed by the authorities that you are no longer present and settled and your ILR status will be revoked.

Will a person with ILR be affected by the £35,000 annual income threshold rule that comes in to effect in April 2016?

No.

Must I pay the NHS surcharge when I apply for ILR?

No.

Not sure if you qualify for ILR or British citizenship? Take our free Visa Assessment right now, or if you want more general info on ILR check out this article on it.

If you think you may qualify for ILR status, contact the team at 1st Contact Visas and they can help ensure that your application is successful.

, , , , , ,

  • Mayowa Olowoyo

    I have been living in England since May 2002 without a break. I submitted an application for ILR based on humanitarian/concessional ground. Application was declined. Can I revive this application based on the long residence – overstayers, since I’d have lived for 14 years by May 2016?

  • Bala Yaro

    Can I apply for indefinite leave to remain if my 10 old son is British and am an overstayer

    • http://www.1stcontact.com/ 1st Contact

      Hi Bala,

      Your situation is not straight forward and I would recommend that you come to our offices for a consultation with a specialist advisor.

      It is unlikely that you will get ILR, but it may be possible to regularise your stay in the UK. We will however need to do a full assessment to establish if anything can be done.

      Please let us have your email address or phone number to make arrangements.

  • Ascension Halmista

    Hi, I have a question which I am really confused about.I was granted first leave to enter in January 2012 and I entered in UK in February 2012 on spouse visa.On expiring my visa after almost 27 months I had applied for extension as I dint pass my life in uk test so I have been granted another 2 years visa on same basis which is going to be expired in May 2016.Now i have passed Life in UK test and looking forward to apply for leave to indefinite remain.Can i apply for that? and if yes then am I eligible for rules applied for the applicants before 9th july 2012? as i was first granted leave to enter before july 2012.Thank you

    • http://www.1stcontact.com/ 1st Contact

      You may apply for ILR should you meet the requirements set out in the rules for application before the 9th July 2012

      • Ascension Halmista

        Thank you so much for your reply.few more questions as I
        I can’t find the exact info I need.what are the documents I need to provide as my husband is self employed and on lower income scale.is invoices for last 3 months are gonna be enough or it has to be six months? And what are the supportive documents I need to provide? As me and my husband has only water bill in joint name which I can provide for last two years and I have my doctors letters covering for last two years too as I am having treatment for thyroid disease.what other documents are needed? Can we also send our pictures together? I am all clueless as we called immigration help line and unfortunately the lady wasn’t much of a help as she stated I don’t even need to provide any of my husbands documents for the reason I don’t have to prove financial requirement and all I need to do is just submit my application.
        Sorry for this long message but I am in real need of help.
        Thanks bunch

        • http://www.1stcontact.com/ 1st Contact

          Hi Ascension, filling in the forms and collating documents forms part of the service that we offer our clients to guarantee a successful application. If you would like to know more about the services we offer, we’re happy to have a visas adviser call or email you?

  • Desmond Abimbola

    Hi

    Will I be eligible for ILR now?
    I move to the UK on a student visa 2011 then changed that to psw at 2012 and got married to a uk citizen @ 2014 with 10yrs route visa but we thinking of applying for ILR in July this year can I?
    Never left the UK since 2011

    • http://www.1stcontact.com/ 1st Contact

      Unfortunately as you are now on a spousal visa, you will be required to spend the full 5 years on this visa before being eligible for indefinite leave to remain.

  • kashif

    Hi I came in uk in 2005 and am still here. I had couple of student visas till Jan 2009 then I went back to my country and got entry clearance the gap between 2 visas is 58 days. My question is am I eligible to apply for ilr on 10 year continues residence.

    • http://www.1stcontact.com/ 1st Contact

      Hi Kashif,

      We will need to have a complete overview of the visas that you have had during your stay as well as the various start and end dates in order for us to advise on this matter. Please feel free to email us at: immigration@1stcontact.com

  • Marina Tumanina

    Hello 1stcontact.
    Currently I am on Tier2(general)visa which will expire in 18/01/2018. I am in the UK on Tier 2 visa since November 2011.
    Could you clarify the following question to me as I am totally lost:
    1. I am going on maternity leave from March to November. Can I apply for ILR while I am still on maternity leave? Or I have to start working and I have to show my pay slip with “normal” salary.
    2. Can I Apply for ILR even I have my Tier 2 visa valid till 18/01/2018? I want to apply for ILR as I can freely find another job.
    Thank you very much
    Marina

    • http://www.1stcontact.com/ 1st Contact

      You will be able to apply for ILR on maternity leave and before your visa expires as long as you can meet the requirements under the 5 year rule.

  • Blejah

    Which form do you use to apply the idlr from dependent visa after three years?Can you apply for idlr at the end of three year old visa

    • http://www.1stcontact.com/ 1st Contact

      1st Contact offers full representation in these applications, unfortunately we do not advise on application forms as this forms part of our service.

      • Blejah

        Thank you.Can dependants apply for indefinite leave after three years?

        • http://www.1stcontact.com/ 1st Contact

          Dependents will usually only have the ability to apply for ILR after five years unless the main applicant is now applying for ILR and the dependent Visa was issued before the 9th of July 2012.

          • Blejah

            What if the initial visa they were brought on as dependants was 3 years?

          • http://www.1stcontact.com/ 1st Contact

            If it was three years and the main applicant is applying for ILR then it sounds like you would need to extend. Unless the dependent visas were issued before the 9th of July 2012.

          • Blejah

            Main applicant at the time had idlr already when she brought dependants and spouse from abroad but they all got three years in 2013.

          • http://www.1stcontact.com/ 1st Contact

            In this case the extension would be applicable as visas were issued after the 9th of July change.

  • anaisxx

    Hi there, I am preparing to submit an ILR long residence. I have a question regarding question D2 of the current form. I first arrived in the UK in 2004, but my qualifying period starts in February 2006. Which date do I put on the form for question D2: the date I entered the UK for the very first time, or the February 2016 date which is the date I refer to when calculating the 10 year continuous residence with less than 540 days absences? Many thanks!

    • http://www.1stcontact.com/ 1st Contact

      1st Contact unfortunately does not assist clients in completing the application forms, this is part of the service our case work team provide to clients.

  • Hazinator

    Hi 1st contact,
    My current tier 1 (G) expiries on 16th May but completing 5 years on 24th May. can I apply 28days before by qualifying period which is 26th April ? Many thanks in advance.

    • http://www.1stcontact.com/ 1st Contact

      Hi,

      Yes you will have the ability to apply for your ILR in the 28 days leading up to your 5 years residence period. This will be calculated from the date your first Visa would have been issued and not from date of entry, as long as you entered within 90 days of this original Visa being issued.

  • Jam B

    Hi, I came in UK 21 Sept 2012 on Spouse visa. My UK Entry Clearance (spouse visa) valid from 10/07/12 until 10/10/14. Then I applied for Further Leave to Remain (FLR) here in UK valid from 12/11/2014 until 12/11/2016 under Spouse/partner leave to remain.
    Am I eligible for ILR this coming October 2016.?
    Thank you

    • http://www.1stcontact.com/ 1st Contact

      Hi,

      You would be eligible according to these dates to apply for ILR come October this year and you can apply 28 days before your five years of continuous residence is met.

  • Snehal Patil

    Hi,
    I came to UK on 3 July 2012 on spouse visa and my entry clearance (spouse visa) was valid from 25 Jan 2012 to 25 April 2014. I couldn’t complete my probation period as I was studying in India and was visiting during holidays. My entry and exit within 2 years are as follows:

    First visa granted on 25/01/2012 – 25/04/2014

    My first visit was on 03/07/2012 – 17/08/2012
    My second entry was on 10/01/2013 – 05/02/2013
    My third entry was on 20/06/2013 till present I am in uk staying with my partner.

    As I was unable to complete the probationary period of 2 years I had applied for further extension using FLR(M) form on 25/03/2014 and was granted a further leave of 30 months valid until 25/09/2016.

    My confusion is I had come on old rules before 9 July 2012 and my extension was done in new rules so, whether should I apply for further extension of 30 months and go through 5 year route for my ILR or do I come under old rules and can apply for ILR in coming August

    • http://www.1stcontact.com/ 1st Contact

      One is permitted to study in the UK whilst on a UK Spousal visa, however one does not have access to public funds.

      • Snehal Patil

        Hi
        Thanks for your reply.
        I was studying in India which was of 4 years and my my last year was remaining during 2012 and before that I had applied for my spouse visa.
        I received my visa on 25/01/2012 until 25/04/2014 and as I had my late entry in the UK so I had not completed my probation period and I had applied for extension using FLR(M)form which was given on 25/03/2014 until 25/09/2016. My question is can I go for further extension or I can apply for ILR in this coming August 2016.

        • http://www.1stcontact.com/ 1st Contact

          Hi,

          As your initial visa was issued to you prior to the 9th July 2012, once you have completed completed a full 2 years you will be able to apply for ILR. So should you have resided in the UK for 2 continuous years by August 2016, you will be able to apply for ILR.

  • Penny-Lee Birkett-Sharp

    Hi

    I am on an ancestral visa with my husband and children as dependants, our visas all started the same day but my husband only arrived 2 months after us will we need to get an extension before applying for IRL

    • http://www.1stcontact.com/ 1st Contact

      Hi,

      Provided your husband received his visa prior to the 9th July 2012, he will be able to apply for indefinite leave to remain at the same time.

  • Mohit Khandelwal

    Hi!
    I have a doubt. My brother has arrived in UK on may 2011 on Tier 2 visa(ICT). Now he has a doubt that whether or not he can apply for an ILR. His visa is going to expire on june 2016. Can he apply for an ILR?

    • http://www.1stcontact.com/ 1st Contact

      Your brother will need to have applied for his visa before 6th April 2010, in order to be eligible for ILR now.

      • Mohit

        Thank you

  • Marissa Martin

    Hi,
    I am looking to apply for my ILR this year after being on a 5 year ancestral visa. I have all paperwork required and evidence to support and looking to do the application through the premium route. What I would really like to know is, if my application is successful, what is the formal acknowledgment format (for example – a card/ certificate/update to passport? Or is it dependant upon nature of your nationality?). I understand that if done through premium route you receive confirmation on the day but does this also include the paperwork to support the decision? Or will this come later, and if so are we talking weeks – days? Thank you.

    • Marissa Martin

      Can anyone help?

      • http://www.1stcontact.com/ 1st Contact

        Hi Marissa,

        Your ILR will be granted in the form of a biometric card. As stated you will receive confirmation on the day of application as to whether this has been successfully granted or not. You biometric card would then usually be granted on the same day as well but if not will then be posted to you and will be received within 2-3 days.

        • Marissa Martin

          Thank you so much.

  • AR

    Hi, It says above you can’t be out of the UK
    for more than 180 days if on a spousal visa. Is that 180 days per 2.5 year period or 180 days over 5 years? Also, if you passed an english language test (IELTS) which enabled you to get the spousal visa initially, at the time of renewal after 2.5 years, will the test have to be given again? Thanks

    • http://www.1stcontact.com/ 1st Contact

      180 days in a 12 month period. You will not need to do the English test again

  • Matt

    Hi,

    I am a dependant on my wife’s Ancestry visa. We both arrived on July 4, 2011 with my wifes printed Ancestry Visa date as July 4, 2011 and my printed date being June 13, 2011.

    For the 28 day rule, does that mean that we have to apply for our ILR between June 6-13 of this year being that my visa expires on June 13 and her’s on July 4? June 6 is 28 days before our arrival date of July 4.

    Many thanks

  • Max

    Used my Brazilian passport for Tier 4 visa from Sept 2008 to Aug 2010 for Sixth form

    Used my Brazilian Tier 4 visa from Aug 2010 to Sept 2014 for uni

    Switched to my US passport for Tier 2 visa from Sept 2014 to Jan 2016

    Renewed Tier 2 visa on my US passport from Jan 2016 to Oct 2019

    If I have used two different passports, does it still count all visas together as 10 years long residence in the UK and able to apply for ILR?

    Both passports have the same name, dob and birth place.

    • http://www.1stcontact.com/ 1st Contact

      Hi Max, You may use both passports

  • Nichanan M

    Hi
    When can I apply the ILR (10 year long residence route) – is this 10 years from the date I entered the UK ? or from the visa start date? I also understand that you can apply 28 days before this date?
    I have heard that if you apply 10 years from the date your visa starts say 1st Sep but you entered the UK on 15th Sep , you will therefore count those 15 days as your “away days” as part of the 540 days limit. Is this true?
    Many thanks!

    • http://www.1stcontact.com/ 1st Contact

      Hi Nichanan,

      You will apply 28 days prior to your 10 year residency period within the UK.

  • Olli

    Hey!
    Can someone tell me what countries can someone with ILR travel to, without a visa, in 2016?

    • http://www.1stcontact.com/ 1st Contact

      Hi Olli,

      Your ILR would not grant you entry clearance into Countries outside of the UK and you would still require Visas for this sort of travel.

      • Olli

        The thing is, I know I can go to The Dominican Republic and the Republic of Panama by purchasing a Tourist Card. Without ILR in uk, I would have required a visa. Also I can visit Gibraltar without requiring a visa as well as the British Virgin Islands (which are both British overseas territories). I think I can visit Poland as well but I’m not sure if those rules have been changed.
        It would be good to know all the countries I can visit, visa free, with my IRL status.

  • Rahul Kapoore

    Hello there,

    I am willing to apply for ILR on 10 year basis stay.

    My Visa dates are as follows;

    21/08/2006 to 21/01/2008 First Arrival date18/09/2006 Student Visa
    31/01/2008 to 29/01/2009 IGS
    27/11/2008 to 29/01/2010 PSW
    28/01/2010 to 14/06/2010 136 DAYS GAP WITH NO VISA
    01/06/2010 to 30/09/2013 T4 general Student
    20/08/2013 to 08/12/2014 T4 general Student
    16/06/2014 to 14/08/2016 TIER 2 (GENERAL)

    I had a gap of 136 days without VISA, where I went to India.

    I am wondering if I am still eligible to apply for ILR in sept. 2016 with 136 days gap in visa???

    Please help!!!!!

    Thanks.

    • http://www.1stcontact.com/ 1st Contact

      Hi Rahul, In order to apply for 10 year ILR, you will need to have held a valid visa(s) for 10 years, as you had a period of 136 days with no visa, you would not qualify unfortunately.

  • mugundan

    Dear supporter,

    I am in tier 2 for 4 years and 11 months but my basic salary is £30,500 with car allowances of £4,500. Am i eliglible for ILR ?

    Thanks in advance

    • http://www.1stcontact.com/ 1st Contact

      Hi Mugundan,

      Unfortunately one cannot include the car allowance towards to minimum income of £35 000 per annum.

  • Jordi

    Hi guys,

    My ancestry visa expires in just under 6 months and I’ve lived and worked here for the past 4.5 years. If I apply within 28 days of my visa expiring and the application takes 4-6 months, will I have to leave the country after my visa expires whilst the application is being processed?

    Thanks a lot in advance!

    • http://www.1stcontact.com/ 1st Contact

      Hi Jordi,

      If you make an application before your authorised stay ends, your existing immigration status will continue until your application is decided, even if the decision is not made until after the end of your permitted stay. If your existing visa or other permission to stay here allows you to work, you can continue to do so until your case is decided.

      • Jordi

        Ok great. Thanks very much, guys.

        • http://www.1stcontact.com/ 1st Contact

          Only a pleasure

  • Olli

    Hi again.
    Are there any other countries apart from British overseas territories, that our ILR status will allows visa free travel to?

    For example, The Dominican Republic allows visa free travel with only the purchase of a Tourist Card if, as stated on the D.R Embassy’s website, “you are a resident of the United kingdom or currently hold a valid visa to enter the United States, Canada…”

    I noticed the same access for Panama-
    “Those who hold a valid passport for at least 3 months and a visa from ONE of the following countries: US, U.K, Canada, Australia… which has been used at least one time to enter those countries, May enter the Republic of Panama by purchasing a Tourist Card, regardless of their nationality.

    • http://www.1stcontact.com/ 1st Contact

      Hi Olli, unfortunately the ILR would only apply ti the UK and would not grant you entry clearance into other countries.

      • Olli

        Thanks for replying so quickly.

        Should I take it that it is likely that I will be refused entry, despite what it says on the websites of the high commissions I found for D.R, Mexico and Brazil?
        I tried to send the links but the disqus web site flagged my massage because of the them so I could only send quote. Apologies for that.

  • Avantika gosain

    Hi , My name is Avantika and I am presently on tier 2 visa(general) starting from dec 2012.I am due to apply for ILR in Nov -dec 2017.

    For past three years I have stayed outside of UK for marriage ,compassionate ,work or travelling purposes which has caused my total time period of nearly 180 days to be crossed.

    Nov 2012-2013 – 36
    Nov 2013-2014 – 40
    Nov 2014-2015 – 52
    Nov 2015-2016 present -10 (21 days again in april for work and 21 days again i n october for work)
    Nov 2016-2017 – still to come (would be travelling again ).

    With the 180 days mark nearly crossed would i still be able to apply for ILR?
    Most of the trips were business related and the few upcoming ones are business related too .

    Many Thanks
    Avantika

    • http://www.1stcontact.com/ 1st Contact

      Hi Avantika, the 180 days would be calculated in each individual 12 months. Also if you can show the reason for your exit being for work related travel then this is also acceptable.

      • Avantika gosain

        great thanks :)

  • mrrox007

    Hello,

    Glad that I found this page, I was wondering how I would obtain confirmation of my registration with GPs (NHS) for the past 10 years. Is there an organisation that deals with requests of this type?

    ILR form says I should have all my passports, but I do not have all my previous passports and have to provide the above to prove that I’ve lived in the UK for the past 10 years. Should I just go to each GP that I have been registered with in the past?

    Thanks!

    • http://www.1stcontact.com/ 1st Contact

      Hi, you may be able to get this information released directly from the HMRC or your GP directly.

      If you were able to get this information from your GP directly then this would be sufficient.

      • mrrox007

        Great, many thanks. I think my GPs have them, I have been registered with three GPs due to moving around in London.

  • Jane

    Hello,

    My husband is on a Tier2 visa and I have a dependant tier 2 both valid until 2018. My husband will be eligible to apply for ILR long residence this sept, but I am not eligible until 2018. If he applies can I continue as a Tier 2 dependant or I would need to change my status as well?

    Thank you very much in advance for your help

    • http://www.1stcontact.com/ 1st Contact

      Hi Jane, in this case you would be required to apply for a UK spousal/settlement visa based on your husband holding ILR.

    • Sowmia Ravi

      Hello Jane

      I have the same situation as yours. What did you guys do? We are considering whether or not I need to change my visa given that my tier 2 dependent visa is valid until November 2017 and the cost involved to change the visa now.

      How did you proceed?

      Kind regards,
      Sowmia Ravi

  • bryan

    I just received my ILR. Can i leave my tier 2 sponsor now? Will my wife visa be affected in the future? my wife still need to extend her tier 2 dependant visa end this year.thank you.

    • http://www.1stcontact.com/ 1st Contact

      Hi Bryan, Yes you are able to work at any employer now. As your status is now a settled status your wife will need to apply for a settlement visa.

  • Francis

    Hi, if my earning period is Feb 27, 2015 to Feb 25, 2016( last salary date), what are the earliest and latest dates I can apply for ILR

    • http://www.1stcontact.com/ 1st Contact

      Hi Francis,

      Depending on what visa it is that you hold, you may use the last 12 months within a 15 month window period.

      • Francis

        I have Tier 1 general, So the last date I can I apply is May 26, or May 27 to use the earnings period Feb 27, 2015 to Feb 26, 2016.
        The last day I have earnings in Feb 25.

        • http://www.1stcontact.com/ 1st Contact

          Hi Francis,

          1st Contact would need to assess your visa’s in order to advise accurately.

          Please contact our Immigration team on immigration@1stcontact.com

          • Francis

            It is a general question. Nothing special about my tier 1 general visa. I just wanted to know the latest date I could apply based on my earnings period.

          • http://www.1stcontact.com/ 1st Contact

            Hi Francis,

            One becomes eligible 28 days prior to their visa expiry date. So you can apply anytime within those 28 days.

          • Francis

            Even if I accrued 5 years in the UK before my current Tier 1 (general) visa expires. I would think I could apply once I had the 5 years

          • http://www.1stcontact.com/ 1st Contact

            Hi Francis,

            It is dependent on what visa’s you have held throughout the 5 years.

  • Sri

    Hi ,
    I am on ILR and my wife is on settlement marriage VISA (SET-M). I am eligible for British citizenship from July on wards. Do I need to change my wife’s visa if I change my status from ILR to British Citizenship.

    • http://www.1stcontact.com/ 1st Contact

      Hi Sri, You will not need to change your wife’s visa

      • Sri

        Thanks for quick response

  • Ridz

    Hi..what happens to your indefint leave if your nationality changes.i am currenting holding an indian passport and i have ilr.my birth country has offered me citizenship so i will be getting zambian pasprt.will my ILR stil be valid

    • http://www.1stcontact.com/ 1st Contact

      Hi Ridz, In this case your ILR would still remain valid even in the case that you were to become a Zambian National.

      • Ridz

        Thnx alot

  • Daksh Karun

    I am applying for ILR on point based system. But my company was dormant for few months 2 years ago, though my last year’s accounts are ok and fit the criteria. my company being dormant 2 years ago affect my ILR? Dakksh

    • http://www.1stcontact.com/ 1st Contact

      HI Dakksh,

      How many months was your company dormant for?

  • NARMADHA

    Hi there,
    We are due to apply our ILR this May. My husband will apply for ILR and myself and our daughter will be appklying for a dependent extension of Tier 1 general. Is it possible to apply for his ILR using premium service and do our applications online on the same day.
    Many thanks
    Narma

    • http://www.1stcontact.com/ 1st Contact

      Hi Narmadha, yes it is possible to do these application simultaneously and your husbands application can be filed using the premium service and your applications online.

  • Ayoub Elharrati

    Hi,
    Will my ILR be provoked if I went to leave abroad and come to UK every 3 months for a week or two? .. or is it only provoked if I stay more than 2 years continuesly out of UK. Thnx

    • http://www.1stcontact.com/ 1st Contact

      Hi Ayoud, your ILR will not lose it’s validity in this case and would only be revoked if you were to spend 2 years outside of the UK without reentering at all.

      • Ayoub Elharrati

        In this case .. can I start my proceedings for nutrilisation in the country where I’m residing? .. or do I have to be resident in the UK? Thnx ..

        • http://www.1stcontact.com/ 1st Contact

          Hi Ayoub, you will need to be residing in the UK in order to apply to Naturalise.

  • Kim

    Hi, I am my mum’s dependant and granted an Indefinite Leave to Enter (ILE) and entered the UK in 2011. My passport that has my ILE visa has already expired a couple of years ago so I applied for biometric residence card in 2014. I have been living in the UK for 5 years now, can I apply for British citizeship now or do I have to wait for few more years?

    • http://www.1stcontact.com/ 1st Contact

      Hi Kim,

      Please email a copy of your initial visa and your biometric residence card to; immigration@1stcontact.com and one of our consultants will assess and revert back to you.

  • ramesh

    Dear sir/madam.
    Please let me know if I qualify for ILR, so that i can process my visa application. my timeline as follows.
    Arrived in Uk : july 2005 till dec 2007
    student visa rejected on dec 2007. on time appeal in process till june 2008.
    after hearing been unseccessful apllied for apeal in upper tribunal
    refusal of appeal from upper tribunal received on june 20, 2008.
    voluntarily returned back home on 13 july 2008.(within 28 days)
    Tried to re-apply within 28 days from back home(outside UK) but
    I was not able to apply for the Tier 4 application at that time because all the Tier4 applications were suspended from feb 2008 till July 23rd 2008 by UKBA for my country. As soon as i was able to, and acceptance by my college for continuing my studies I reapplied on august 23rd, 2008 but visa got rejected again as they thought i overstayed from dec 2007 till july 2008.
    did administrative review.process took almost 4 months. i won the review because i was legal in UK while appeal in process.I got back visa on november by them but issued from jan 2009.(missed october session so college offered me CAS from jan)

    I dont know if they can give some discretion on this or not.
    after that :

    2009 jan -2010 tier 4
    2010-11 psw
    2011-2013 tier 2
    2013-2015 tier 4 .
    Should i apply for ILR now or i have to restart counting from 2009 jan.

    thanks in advance for the advice.

    • http://www.1stcontact.com/ 1st Contact

      Hi Ramesh,

      Unfortunately the above visa combination does not lead to settlement within the UK, you may need to await 10 year legal long residency in order to apply in 2019.

      • ramesh

        Thank u for your reply.
        Would u mind telling me at what point the long residency is broken for future knowledge.

  • Liz Terry

    Hi there, I’m currently on my second Ancestry visa and about to reach 5 years continuously in the UK so would like to apply for ILR. Does it matter that it is two different Ancestry visas as it’s the same category of Visa? My 5 years run over both, but i have only been on this current one for 2 years. Thank you.

    • http://www.1stcontact.com/ 1st Contact

      Hi Liz, The fact that your five years of residence run over two Ancestry visas will not be an issue and you would still have the ability to apply for ILR in this case.

  • ravi shankar

    Hi , I have 3 questions
    1. I am on the 5 year route for ILR but that is made up of 2.5 years with employer 1 and 2.5 years with employer 2 both on Tier 2 General visa. Do I qualify for ILR?
    2. My wife was on Tier 4 and 2.5 years ago she converted to my Tier 2 dependant. I guess she would need to apply for Tier 2 extension at the same time as me?
    3. She has a masters degree from a UK university can she use that as her English language requirement document?
    Thanks,
    Ravi

    • http://www.1stcontact.com/ 1st Contact

      HI Ravi, You can use both employers to meet the 5 year requirement. Your wife will need to extend her dependants visa. You will need to contact the UK NARIC to confirm if your wife’s degree is recognised.

      • bryan

        You wife wont need to take english exam i think.

  • SHah

    Dear Sir.
    Applications on tier 1 route going to ILR have been refusing mostly on the basis that most applicants didn’t pay right taxes on time.
    My question is that tax payment is the matter between tax office(hmrc) and the individual so why the HO is interfering and making it a basis of refusals?
    How do the HO take it as a basis for deception in previous applications (initial and extension) where tax payment is the matter of hmrc and if someone didn’t pay tax he should be penalised by hmrc not HO.
    How they assume that if someone didn’t pay tax means that the earnings were fake? It means anyone who didn’t pay taxes in a year, the hmrc should pardon him considering his earnings were fake?
    It’s a common perception now that HO is asking for 5 years returns now, how can they ask as it’s not in their requirements list, they require the earnings for 12 months only, they don’t require earnings for 5 years.
    Is this mater hidden from lawyers to raise it with HO or in the court which can save a lot of applicants from these unfair refusals?
    Looking forward for your kind feedback on this matter.
    Thanks

    • http://www.1stcontact.com/ 1st Contact

      Hi Shar,
      unfortunately 1st Contact don’t assist with refusals, you would need to get in touch with a solicitor and I can recommend Peter Lock – http://www.peterlockandcompany.com/

  • ramesh

    Hi,
    Lets say i have a valid student visa till Jan 2017.
    I also completed 10 year long residency and elligible for ILR next month. If I apply ILR next month and if its get refused will I be able to continue staying here with my previous student visa valid till 2017 jan.
    Please let me know.

    Thanks
    Ramesh

    • http://www.1stcontact.com/ 1st Contact

      Hi Ramesh, if your ILR is not granted you would have the ability to remain in the UK on your student visa.

  • estelletatiana@yahoo.com

    Hello ,
    I’m 18 and my passport expires next year in march but I have an indefinite leave in the UK
    Though as my passport expires next year and my dad is a British citizen but married to my step mum which is Cameroonian of origin (well we are all) I was wondering if I will be possible for me to apply through my dad as he’s British? Can you please let me know if what I am intending to do will be possible and if not could I know why ?

    • http://www.1stcontact.com/ 1st Contact

      Hi there,

      Please confirm if your dad was in fact born in the UK, and if your parents were married at the time of your birth?

  • Jason de Klerk

    Hi, I have heard rumours that the UK might be stopping the granting of ancestral visas from South Africa to live in the UK sometime in the near future. Can you please confirm if there is any truth to this rumour?

    • http://www.1stcontact.com/ 1st Contact

      Hi Jason,

      There is discussion surrounding the UK abolishing this visa category, however nothing has been confirmed to date.

  • suzy

    Hi there, if an employee is working for us on a dependant visa (his wife’s) and that expires, does he have a grace period or must he finish work on the day of expiry? Many thanks
    Suzy

    • http://www.1stcontact.com/ 1st Contact

      Hi Suzy,

      Unless the main visa applicant will be renewing his visa prior to expiry, then they should cease working when the visa expires.

  • Ray

    Hi,

    I have been in the UK for 10 years but for my last visa, I left the country with a valid visa and I had to apply for a visa from outside the country. Unfortunately the new application processing time was so long and it had to wait for 9 months to receive my new tier 1 visa. I entered the UK as soon as I received the new visa. Could you please tell me if I am still eligible for the long term ILR?

    • http://www.1stcontact.com/ 1st Contact

      Hi Ray,

      You are eligible for ILR after being on your current visa for 5 years.

  • Nadeem

    Hi, I am going to apply for ILR through long residency for this I want to ask you a question. Can I use the date on which I been granted my first visa or it must be the arrival date. Actually I arrived in uk 22 days after getting my first visa.

    Regards

    • http://www.1stcontact.com/ 1st Contact

      Hi Nadeem,
      You will use your arrival date

  • Ram Daman

    Dear sir/madam,

    I have a question regarding an indefinite Leave to remain under the category Tier 1 (General). Will you please advise me if i am eligible to apply under the rule of 5 year continious period for ilr as I was on holidays for 86 days out side of UK for my marriage and visit to family and friends. At that time my employment contract ended and when I came back started my new contract. I was therefore without job for the 86 days.
    I know this does not breach the 180 days in a 12 month time period but do I have to be in a job/self employed under Tier 1 General category for these holidays to be eligible for my ILR application under 5 year continious period.

    • http://www.1stcontact.com/ 1st Contact

      Hi Ram,

      Provided you meet the minimum income threshold, according to the points system you should be fine to apply.

      • Ram Daman

        Minimum threshold is for last 12 months not for the whole 5 yr period?These holidays were in the second year before my extension of Tier 1 General visa

        • http://www.1stcontact.com/ 1st Contact

          Hi Ram,

          Yes the income will be assessed for the last 12 months.

  • Gayan

    Hi, My question is regarding ILR application. If I am on a fixed term contract with my employer (and on a tier 2 visa issued for this) how long the contract should run (beyond the date of ILR application) in order to prove that the employer needs the applicant for the post?
    (to fulfill criteria “your employer (sponsor) still needs you for your job”)

    • http://www.1stcontact.com/ 1st Contact

      Hi Gayan, you will have the ability to apply for your ILR after 5 years of residence on your tier 2 visa. You can submit this in the 28 days leading up to the 5 year mark. You will then need to include evidence of your continued employment.

      • Gayan

        Thank You for the reply.
        I think I should have been bit more specific. If my current contract ends in June 2017 and I apply for ILR in March 2017? Obvioulsly, my sponsor can only say applicant is contracted to work until June 2017. Would this be an issue? UKBA does not say anything about the length of contract we need to have, This is not an issue for permanent employees. But for people on fixed term contracts this is an issue?

        • http://www.1stcontact.com/ 1st Contact

          Hi Gayan, in this case due to the fact that you will still be with your existing employer at the time of application this would not have a negative effect on your application.

  • AJ

    Hello,

    My wife has UK ILR and plans to sponsor me for UK Spouse visa in july. Her passport that holds the ILR will expire in june. We have a 10-month old daughter that has a British passport.

    We have put time and effort into making sure we meet all the spouse visa requirements over the past couple of months. As such, it was rather disheartening to know that it takes up to 6 months to process a BRP card. We are now at a cross road and don’t know what to do.

    Now, these are my questions:

    Will she be able to continue to work after her passport expires? We need this to able to meet spouse visa financial requirement of £18,600. She currently earns around £19,000.

    If we decide to apply for a BRP card, i want to believe she will have to submit her passport, can her employer accept the acknowledgement letter from UKVI for BRP card as confirmation she has right to continue to work in the UK?

    If we decide to apply for my spouse visa in july, do we need to include her expired passport with ILR in the supporting documents for my application or a photocopy of the data page and visa vignette or acknowledgment letter for BRP card?

    What do you suggest we do in order for her to continue to work, apply for a BRP card and sponsor me for spouse visa application.

    Thank you for taking time out to help.

    • http://www.1stcontact.com/ 1st Contact

      Hi AJ
      She is able to continue working and once the visa is submitted you will receive a letter stating that she can continue working. You will need to provide all the documents as per the document checklist.

      • AJ

        Thank you for taking time out to reply.

        I’m not sure i fully understand what you have said here. Please pardon me. I don’t want to make any assumptions.

        You said she is able to continue working even until after her passport has expired, right? Can we still go ahead with my spouse visa application in July even before her BRP card comes?

        • http://www.1stcontact.com/ 1st Contact

          A valid passport is not required to work, a valid visa is required to prove the right to work, some employers may want to see a valid passport.
          Please could you forward your email address and one of our consultants will be in touch

          • AJ

            Thank you.

            I don’t know where to forward my email address and i’m not so comfortable posting it on here. I would be glad if you could tell me how to forward my email address.

          • http://www.1stcontact.com/ 1st Contact
          • AJ

            Thank you.

            Another one, please:

            Is it fine to include expired bio data page (due to expire in June and we are in applying in July) of UK sponsor passport with ILR in the supporting documents for spouse visa application?

            Does this bio data page copy have to be certified by a solicitor?

            Would a photocopy of her expired passport bio data page not jeopardise my spouse visa application?

            Thank you for taking time out to help.

          • http://www.1stcontact.com/ 1st Contact

            Hi AJ,
            The full guidance in the application form will outline what is accepted by the Home Office

          • AJ

            Thank you very much.

            You have been very helpful.

  • chimdi nwosu

    HI this site is great and I think you guys are doing a wonderful job on this website as the UKBA website is not very clear.. However I have a burning question: I am current on a Tier 2 visa with my company, my 5 years continous stay will be in July 2018 which I can then switch to ILR but my 10 years long residence eligibility for ILR is due August 2017 (combination of 4 years student visa studying at the University, 2 years on post study work visa and then 4 years on my current Tier 2 visa). I am thinking of applying via the long stay rule but not sure if the process is more complex than the tier 2 route to ILR?
    My second question is this I have a Fiancee who also is currently in the Uk as a dependant to her Mother who is on a Tier 4 visa. My fiancee would be due for her ILR under the 10 years continous residence in 2018, however we are due to get married in 2017 after which she would switch as my dependent either on my current Tier 2 visa or ILR ( if approved). My main question is how would this impact her qualifying for her own ILR via long residence in 2018.. sorry for the long question.

    • http://www.1stcontact.com/ 1st Contact

      Hi Chimdi,

      Should you meet the Tier 2 ILR requirements, I would advise applying via this route for ILR.

      Should you partner switch and become your dependent she would need to spend 5 years in the UK on a UK Spousal visa once you gain your indefinite leave to remain status within the UK.

  • Azim

    Hi,

    I came in the UK on Tier 2 (ICT established staff) Visa in Oct 2010. In Dec 2012 I switched to Tier 2 Gen Visa. In july 2015 I switch employer on same Visa. I am currently on the same Visa. I understand that my time on Teir2 ICT is not counted since I came on rules in place after 6 April 2010.
    But am I still eligible for ILR in Dec 2017 (counting time from Dec 2012)? Or is there any new ruling preventing me from applying for ILR in Dec 2017.

    Thanks
    Azim

    • http://www.1stcontact.com/ 1st Contact

      Hi Azim,
      Yes you will be eligible for ILR in Dec 2017.

  • Taku k

    Hi . I am due to apply for ILR 10 long residence and want to ask if i need to include wage slips and employer . im currently on a partner visa and i have all my passports i have used since coming to the UK. The SET LR form says include these if u dont have all the passports so not sure if i need to include them .

    • http://www.1stcontact.com/ 1st Contact

      Hi Taku, when we compile and submit this application we do try and include this information.

  • Gabriel

    How long does Home office take to send acknowledging letter after collecting fees . It has been 2 weeks now no correspondence. Any help please

    • http://www.1stcontact.com/ 1st Contact

      Hi Gabrielle, this process usually takes around six weeks.

      • Gabriel

        Hi, I have applied for my ILR and not yet received my letter form home office confirming that my application has been received.
        have been phoned by my office to stop working till i get the letter, is that correct?

        • http://www.1stcontact.com/ 1st Contact

          Hi Gabriel, that would depend on your specific employer but this letter should be issued shortly.

          • Gabriel

            Hi Sirs/madam
            My wife was admitted in hospital more than a month when her visa was due to renew.
            Can she apply after being discharged?
            will the home office accept her application?.any advise please

          • http://www.1stcontact.com/ 1st Contact

            Hi Gabriel, this should be acceptable but you would need to provide evidence of her period in hospital.

  • Gabriel

    How long you need to have your ILR to apply for british citizenship?

    • http://www.1stcontact.com/ 1st Contact

      Hi Gabriel, you will need to hold your ILR for 12 months before being able to Naturalise.

  • Samz

    Please I need help, I was granted discretionary leave to remain in march 2011 which i change to FLR FP which was granted for another 3 year and i have spent total of 5 years since i was first granted in 2011, my wife is a British and we have 2 kids which are also British and we get married in Feb 2011, My question is can i apply for ILR base on my marriage and already spend 5 year lawfully in britain, please advice me

    • http://www.1stcontact.com/ 1st Contact

      Hi Samz, based on previous visas held a 5 year ILR application would not be applicable in your case. You would be required to complete 5 years on a UK Spousal visa based on your wife being a British Citizen before applying.

  • achal

    Hello Experts,

    Apologies for such a long mail…….:)

    I am due for ILR in June 2016 via 5 year route. My case details are as follows:-

    Student Visa:- Sept 2007 to March 2009(Middlesex University)
    PSW Visa:- May-2009 to May-2011
    Tier 1 Gen Visa:- June -2011 to June -2013
    Tire 1 Gen Ext:- June -2013 to June -2016

    I was self employed in year 2009/ 2010 and 2010/2011. In June 2011 I got my Tire 1 general visa at the time of application i showed 35K+ income at Home office but while filing returns I and my accountant and I did a mistake and we filed return for 28K (difference of £ 7000 om income) there were 2 reasons for that:-

    1) The accounts submitted were not for proper accounting year (April to March) and
    2) I closed self employment and started working for a company

    My Tier 1 extension was in 2013 and I got it same day.

    Now for ILR my advocate told me that given your Income in 2010 -11 is just £28,000, you will need to amend tax returns for 2010-2011 which i have done and sent an adjusted income statement to HMRC on 5th on May 2016 and having spoken to HMRC they said it may take up to 2 months for them to update the system for 2010-11.

    My question is will this be a big problem in my ILR application and if so what can i do to over come this? I will be sending application by post in 3rd week of June.

    Please advice.

    Thanks

    • http://www.1stcontact.com/ 1st Contact

      Hi Achal, based on the fact that you are looking to apply for your ILR on the Tier 1 visa route the relevant financials will need to match the of your extension rather then that of your initial application.

  • disqus_ytA2GFDero

    Hi,

    Its getting very near the end of the 5 year ancestry visa, and am having trouble locating original birth certificate, so am worried a replacement will have to be ordered.

    1) What happens if you run over the end of the 5 year ancestry visa (and leave the UK so as not to overstay the visa). Is it then possible to apply for ILR?

    2) Do all supporting documents have to be submitted at the same point when applying for ILR? Or for example can the application be submitted and the birth certificate submitted at a later date?

    • http://www.1stcontact.com/ 1st Contact

      Hi, if your existing ancestry visa was expire and you were to then exit the UK you would not then have the ability to apply for ILR at a later stage.

      All required documents will need to be submitted with the application.

  • Harminder Singh Basra

    Hi, I have been in living in UK for 8 years. Right now I am on Tier 1 Entrepreneur visa which will expire next year November. I am currently planning to sponsor my wife as my dependent and next year my current visa will complete my 9 years as a continuous UK resident. I will get another extension on my entrepreneur visa to complete my 10 years. I wanted to know what will happen with my wife’s dependent visa if I complete my 10 years in UK and apply for ILR. Can she apply as my family member dependent at the same time or will she have to wait until I get the ILR? and what will be the income thresh-hold if she applies as my dependent after I get my ILR. Thanks in advance.

    • http://www.1stcontact.com/ 1st Contact

      Hi Harminder, if you were to gain your ILR and your wife was on her dependent visa at this stage she would then have the ability to apply for the UK spousal visa based on you then holding ILR. The income threshold required for this application would be an annual income amount of £18 600.

      • Harminder Singh Basra

        Thanks. Can it be the combined income of both of us or does it have to be income of one person only? Is there any levy for the savings on my or my wife’s name? Thanks again.

        • http://www.1stcontact.com/ 1st Contact

          Hi Harminder, as long as you have both been in consistent employment for a minimum of six months leading up to the application you can then combine your incomes to meet the threshold.

          • Harminder Singh Basra

            ok.. Thanks for your help…

  • Anass Louz

    Hello,

    I am on a tier 5 for two years now and i might change to a tier 1 next year . when you are on a tier1 you get 3 years. in total it would make it 5 years

    i am i illegible to apply for a IRL ?

    Thank you

    • http://www.1stcontact.com/ 1st Contact

      Hi Anass,

      Unfortunately the Tier 1 general visa category is no longer available.
      However one cannot combine the Tier 5 visa in order to gain indefinite leave to remain within the UK.

  • bryan

    Just would like to know if my daughter 3 months old can apply for british passport straight away or does she need to apply for mn1? She was born after i got my ilr. Many thanks

    • http://www.1stcontact.com/ 1st Contact

      Hi Bryan,

      She is eligible for citizenship as she was born after you received your indefinite leave to remain within the UK.

      • bryan

        Does it mean i need to register her first before applying for a british passport? Tnx

        • http://www.1stcontact.com/ 1st Contact

          Hi Bryan,

          You can apply directly for the passport.

  • Sunny

    Hi,
    I am currently on Tier 2 visa eligible for ILR in July 2016 – at least this is what i think. I was made redundant end May 2014 while my Tier 2 general leave was valid till beginning of Aug 2014. In July 2014 I applied for Tier 1 (E) visa which was rejected in mid Aug 2014 and by then my Tier 2 visa had expired and 3C was enforced there by extending my previous leave i.e Tier 2 (G). While the appeal was in process and pending court hearing, I received a CoS from another employer and thereby withdrew my appeal and submitted an application for extending Tier 2 leave which was granted for the remaining of the allowed 6 years on T2 which is till the beginning of Aug 2017. I know i have not broken continuity of leave however i am not sure if my 6 months of unemployment could cause an issue for ILR.

    Grateful if any of the gurus can provide their opinion on the above situation.

    • http://www.1stcontact.com/ 1st Contact

      Hi Sunny,
      You will need to get in touch with an immigration solicitor, you may contact Peter Lock – http://www.peterlockandcompany.com/

  • CA S

    Hi, This page has really good information. Thanks to the team behind this. I have 2 questions on ILR. My stay in Uk till now is as follows:
    1) I came to UK on T2 ICT in Mar 2010 stayed till Nov 2010.
    2) Returned back to UK in Jul 2011 on the same visa.
    3) Stayed here till 2013 Nov. Returned back to home country due to personal and family medical issues.
    4) Came to UK in Nov 2014 on the same ICT visa which was extended. Still here on same visa which will be further extended.

    Ques 1:) Can I apply ILR now although I have been out of country for more than 180 days ?
    Ques 2:) If NO to above then can I switch to T2 Gen now and will T2 ICT period be counted towards 5 years from 2014 Nov onward, so that I apply ILR in Nov 2019 ?

    • http://www.1stcontact.com/ 1st Contact

      Hi CAS,

      Unfortunately the Tier 2 ICT visa, does not lead to settlement within the UK, in order to qualify for indefinite leave to remain you would need to spend a full 5 years in the UK on a Tier 2 General visa, earning no less the £35 000 per annum.

  • Jay

    Hi,

    I would like to enquire about my partner’s current situation. She is based in London and has an ILR since 2009 but no BRP (as this wasn’t issued at the time).

    1. We would like to know whether if she applies for a British passport, will the ILR in her home country’s passport be revoked? And,
    2. Whether the UK home office will inform her original country of her change in nationality?

    Her home country does not allow dual nationalities but she would preferably like to keep both or have the option to move between the UK and her home country as she has family in both places and does not want to reapply (or wait several years) for a returning resident visa or settlement spouse visa in case she has to leave the UK for more than two years.

    Obviously with elderly family living in two different countries, flexibility in living arrangements is necessary but we do not have much faith in the current UK home office for returning to the UK if we are forced to leave.

    Thank you.

    • http://www.1stcontact.com/ 1st Contact

      Hi Jay,

      Your partner would need to apply for citizenship via an application process known as naturalisation.
      At the point of taking on British citizenship, via a swearing in ceremony she will lose her home country’s nationality. Therefore as you have mentioned her home country do not have a dual citizenship agreement with the UK, I would advise that she remain on her indefinite leave to remain status.

      • Jay

        Thank you for the information.

        I understand that she needs to naturalise herself to be a British citizen and needs to attend a citizenship ceremony.

        However, if she decides not to have a British passport then she can apply for a right of abode certificate of entitlement instead.

        Can she apply for right of abode without originating from a commonwealth country?

        Do you think that the UK home office will inform her naturalisation to her home country’s authority?

        We assume that right of abode does not change her current citizenship or passport thus allowing her to keep her existing status.

        Her home country is not aware of the existence of right of abode, which technically seems the same as a British passport.

        Thank you Jay.

        • http://www.1stcontact.com/ 1st Contact

          Hi Jay, yes this right of abode application would be an alternative and a possibility in this case.

  • Lizzy

    My tier 2 general visa will be 5 years in January 2017. My husband switched to tier 2 dependant visa in January 2014. Can we apply for ILR at the same time?

    • http://www.1stcontact.com/ 1st Contact

      Hi Lizzy,
      What visa did you husband hold previously?

      • Lizzy

        He held a post study work visa

        • http://www.1stcontact.com/ 1st Contact

          Your husband may only apply for ILR once he has spent 5 years on the same tier 2 dependants visa

          • Lizzy

            Okay, thank you.

          • Lizzy

            Just another question regarding this, so when I change to ILR, what happens to my husband’s status? Does he have to change to ILR dependant visa or waits to complete his 5 years as a tier 2 dependant?

          • http://www.1stcontact.com/ 1st Contact

            Once you have your ILR, he will need to apply for a settlement visa based on your new settlement status

  • Jenny

    Hi
    My husband has been in the uk on a spouse visa from 2013. His visa was due to expire in dec 15 and through the advise we had from his solicitor and letter with his visa we applied for ILR. This has been declined due to him not being in the country for 60 months, has option to appeal or leave. If we knew we had to apply for this extension for we would have! There are definitely no other reasons for the decline.
    Does he have any chance if we appeal? Can we apply for extension now? We now have a 10 week old baby so leaving would be devastating!

    • http://www.1stcontact.com/ 1st Contact

      Hi Jenny, you could appeal but due to the fact that an invalid application was done this appeal process would likely be unsuccessful. I would suggest that you try and file an extension.

  • Maxine

    Hi there. My husband came on a student visa. Married myself and switched to the 10yr route as i was his sponsor. Since then ive born him a son and hes been working for two yrs. Hes now applied for ILR however i am leaving the marriage. Do i need to inform the home office or will he be granted ILR any way because he now has a son. Thank you.

    • http://www.1stcontact.com/ 1st Contact

      Hi Maxine,
      In your situation, it is best to get in touch with a family immigration solicitor.

  • James Patel

    I am thinking to apply for ILR on Teir 2 (General) 5 year route. My Teir 2 visa / employment started on 24th June 2011, so I will complete my 5 year on 24th June 2016. Can I apply for visa on 17th June 2016?

    • http://www.1stcontact.com/ 1st Contact

      Hi James, yes you are able to apply for your ILR in the 28 days before your five years has been recognized.

      • James Patel

        What should be the answer to Q5.3 what is your pay each month after income tax and other deductions? If the salary slip includes season ticket loan for travel which is tax free, should the answer here be net pay as on salary slip after ticket loan deduction or before ticket loan deduction. Many thanks in advance!

        • http://www.1stcontact.com/ 1st Contact

          Hi, this would need to be the income amount after all relevant deductions.

  • Prathibha

    Hi, I am presently residing in India and I would like to get back to UK and work there . Reason being a large part of my family and friends are residing in the UK and a few of them have ILR and others are British citizens already. Of which, one of my friend who recently got an ILR is a relative of mine.
    I have worked in the UK before for a year on Tier 2 – Intra Company Transfer VISA (Cos). Does my previous experience count ?
    I have started job hunting, however nothing has been fruitful yet. So, now my questions are, Can my friends send me an invite to get to the UK, I am confident that once I land there, I can get a job in no time. What are my options here, I am aiming at getting an ILR too in future if all goes well, that is.

    Please help me with this query. Thanks much .

    • http://www.1stcontact.com/ 1st Contact

      Hi Prathibha, unfortunately your previous residence would not have a baring on your application and the required sponsorship cannot come from a friend or extended family residing in the UK.

      • Prathibha

        Thanks for the quick response, So, I will need to get a Tier 2 General or Cos , yes ? and then if I can retain the same for upto 5 years, I can then think of what next , Is that correct ?

        • http://www.1stcontact.com/ 1st Contact

          Hi Prathibha, yes that is correct.

  • Rehman Khalid

    Hi, I want to discuss my 10 years long stay. Can I have your email so that I could send my details and case. Thanks

  • Sandeep Jan

    Hello ,

    I am having Tier 2 ICT visa and came to UK on Sep2010. I am aware that this category doesnt allow one to apply for ILR after 5 years. However can you please explain whether I am eligible for the 10years long route ILR ?

    My wife came here on dependant visa last year. Will she be eligible for ILR along with me ?

    • http://www.1stcontact.com/ 1st Contact

      Hi Sandeep,

      Please provide your contact number and one of our consultants will get back to you.

  • Katie Wood

    Hi, I’m on an ancestry visa and seem to fit all criteria for ILR but I would like to know what date I should apply, as my visa date is jan 20 2012 and ends Jan 20 2017 but arrival date was Feb 22 2012, should I apply 28 days before the Jan 20th 2017 or 28 days before Feb 22 2017? Also whilst it is being processed (4-6 months) am I able to get my passport back for overseas travel?
    Thank you for any help!

    • http://www.1stcontact.com/ 1st Contact

      Hi Katie,

      You will be able to apply 28 days prior to your visa expiry date ( 20.01.2017.) Should you apply via the postal service, unfortunately your passport will be in with the application for the full 4-6 months and not travel will be permitted.

  • kerrin g

    Hi there,
    I am on an ancestral visa and am about to apply for indefinite leave to remain. I am potentially going to apply in person with their premium service. i understand you can get a decision on the same day but what i would like to know is whether or not you get your documentation straight away as I am planning on going abroad a month and a half after my appointment? Does your passport and current biometric residence permit get taken away to process your new indefinite leave to remain or are you given your documentation back so that you can travel so long? Thanks

    • http://www.1stcontact.com/ 1st Contact

      Hi Kerrin,
      You will receive your documents back on the same day, your visa will be posted to you within 7 days.

  • Libin Kajattin

    Iam on tire2 General visa. I got my visa on 17/07/2014 but I came here on 24/02/15 after 6 months. Applying for a permanent residents will it be a problem in my case. As per as the ukba eligibility they are asking you have been living and working in the uk for 5 years. So could you please tell me.

    • http://www.1stcontact.com/ 1st Contact

      Hi Libin,
      Your 5 year residency will begin on the date you entered the UK, so from the 24/02/2015 you will need to live and work in the UK for 5 years before apply for ILR.

      • Libin Kajattin

        Thank you so much, I was confused with the days spend not more than 180 days outside uk in any 12 months.

  • James Patel

    What should be the answer to Q5.3 what is your pay each month after income tax and other deductions? If the salary slip includes season ticket loan for travel which is tax free, should the answer here be net pay as on salary slip after ticket loan deduction or before ticket loan deduction. Many thanks in advance!

    • http://www.1stcontact.com/ 1st Contact

      Hi James, the salary details would be the net income before the ticket loan deduction.

  • Tim

    Hi, I came to UK as tier 2 ICT dependent in July 2013 and switched to Tier 2 General in Dec 2014.Will my stay on dependent visa count towards residency?can I apply ILR after July 2018?

    • http://www.1stcontact.com/ 1st Contact

      Hi Tim,
      Your 5 year residency will start on the date your Tier 2 General visa was issued.

      • Tim

        Hi, so in case I become my husband’s dependent on his tier 2 general visa, my stay on tier 2 general count towards residency??

        • http://www.1stcontact.com/ 1st Contact

          The dependency will not be taken into account

  • Mohamad Ali

    Hello, I have a humanitarian visa, when it runs out can I apply for ILR? Note: the visa does not cover the exact 5 years , it is for 4 years and 8 months.

    • http://www.1stcontact.com/ 1st Contact

      Hi Mohamad,

      1st Contact unfortunately do not deal with this visa category, I would advise that you get in touch with a solicitor.

  • imran

    Hello, I have an question
    My real brother is a british citizen and i am a indian will it be possible my brother to bring me in UK and can I work in Uk, Please suggest me all possible ways to get a visa.

    Thanks

    • http://www.1stcontact.com/ 1st Contact

      Hi Imran,
      It is not possible unfortunately.

      • imran

        Thank you so much for reply,
        So is it possible me to come UK on family visa/visit visa and search for job?
        and if will get job there then re-enter with work visa.?
        Or else please tell me any other suggestions.

        Thanks in advance

        • http://www.1stcontact.com/ 1st Contact

          You can do so and then you may apply for the Tier 2 visa https://www.1stcontact.com/visas/uk-visas/tier-2-visa

          • imran

            Thank you so much :)

          • imran

            Hi,

            As I have already mentioned that my real brother is british citizen, So can I come to UK as dependent and work there?

          • http://www.1stcontact.com/ 1st Contact

            No, this is not possible, you need to look at the Tier 2 visa.

          • imran

            Hi, Is is this possible that some one is ready to sponsor me and after getting tier 2 general visa can I come to UK and search job on this visa?

          • http://www.1stcontact.com/ 1st Contact

            A company needs to sponsor you.

          • imran

            Hi, Thank you for reply,
            My concern is suppose one company sponsored me but can I change the employer in UK on this tier 2 general visa?

          • http://www.1stcontact.com/ 1st Contact

            You will need to get a new Tier 2 visa

  • raj

    Hi there,

    I have got Tier 2 ICT Visa issued in Oct 2009 and have got two extensions while being I the UK. I first entered in Uk Oct 2009 and travelled back to my home country in Feb 2011. Came back again in Oct 2011 and continuing here since then. Can you pls let me know if I can apply for ILR ? If so, then what start date should I use for applications, Oct 2009 or Oct 2011 ? Is there any salary requirement for this ?

    Thanks

    • http://www.1stcontact.com/ 1st Contact

      Hi Raj,

      Please confirm if you applied for a new Tier 2 ICT visa from your home country in 2011?

      • raj

        Hi,

        No, I did not apply new visa in 2011 as my original visa was already valid till mid of 2012. Pls note , after that I got two extensions while being in the UK only.

        Thanks

        • http://www.1stcontact.com/ 1st Contact

          Hi Raj,

          Should your initial Tier 2 ICT have been issued in October 2009, and you have applied for 2 extensions from within the UK, you will count your continuous residency from 2009.

          • raj

            Thank you ..I another big gap between Aug 2013 and feb 2014. So would this not break the continous period ?

          • http://www.1stcontact.com/ 1st Contact

            It is dependent on how long the breaks away from the UK were for. As well as the reasons for the breaks.

          • raj

            Thanks for your quick response.
            I was away only for below periods since I came in ict 2009:-
            Feb 2011 – Oct 2011
            And
            Aug 2013 – Feb 2014.
            And these absences were due to business related. Would you be able to help now with the best date to apply and first entered date on which application should be made ?

          • http://www.1stcontact.com/ 1st Contact

            Hi Raj,

            In order to meet the requirements for indefinite leave to remain within the UK, one must not have spent more than 180 days out of the UK in each 12 month period.

            Should you have broken this residency requirement, you may not be eligible to apply for indefinite leave to remain.

  • Ahmed

    Hi,

    I have a question regarding calculating the length of stay with a tier 2 visa. I had my BRP issued and approved on the 20 of April, however there was an error in the length of stay, then I applied to adminstrative review which has been approved. Then I was issued a new BRP with a new date of issue (13 June).

    My question is do I calculate the length of stay from the date of approval of my application (which is the 20th of April) or the new date of issue of the BRP (13th of June)?

    Thanks in advance.

    Ahmed

    • http://www.1stcontact.com/ 1st Contact

      Hi Ahmed, this calculation will begin from the 20th of April in your case.

  • naveed

    hi
    i applied as a partner of a british citizen as unmarried partner and i applied on 6th july 2012….which was refused and appeal was won in january 2014..then issued with a visa of exactly 2 years….ofcours i fall under old law…
    i just want to ask when can i apply for an indefinite and which threshold i will be following???
    thank you

    • http://www.1stcontact.com/ 1st Contact

      Hi Naveed,

      As the application was applied for prior to the visa changes, you may look at applying 28 days prior to your current visa expiring.

      • naveed

        Can you plz tell me do i need to show £18600 or no ??

        • http://www.1stcontact.com/ 1st Contact

          Hi Naveed,

          As your spousal visa was applied for prior to the rules changing, you will not be required to show the minimum income.

  • Shahid

    Dependants: residence requirements (number of years in the UK)

    Hi how many years my wife needs to complete before she can apply for ILR. She came to Uk in Dec 2011 on tier 2 dependnt visa, is it 2 years or 5 years. Actually i came 3 months earlier on Tier 2 and would apply in Aug 2016 as completing 5 years but not sure whether she can apply with me. Any helpline or email you know?
    Shahid

    • http://www.1stcontact.com/ 1st Contact

      Hi Shahid, based on the timeline given yourself and your wife would have the ability to apply for your ILR at the same time.

  • Sherry

    Hi,

    I came to the UK in September 2006 and will be eligible to apply for ILR in coming August. My husband also came to the UK in July 2006 and is going to apply for ILR in a few days. We are planning to travel around Europe at the end of July, so I was wondering if I can apply for ILR with my husband, earlier than 28 days before my first entry date to the UK?

    Many thanks,

    • http://www.1stcontact.com/ 1st Contact

      Hi Sherry,
      Applications for ILR may not be made earlier unfortunately.

  • Hossam Elsheikh

    Hi
    I’m due to apply for ILR in July after 5 years Tier 2 general visa. My wife has been my dependent since 8/2011. I believe she can apply with me for ILR at premium service. Am I correct ?
    If so, do I add her details to my SET (O) application only or she has to have her own SET (O) application ?

    Thanks
    Hossam

    • http://www.1stcontact.com/ 1st Contact

      Hi Hossam,

      Your wife will be able to apply at the same time.

      1st Contact offer full representation in these applications, should you be interested in looking into this our email address is:
      immigration@1stcontact.com

  • kerrin g

    Hi there, I am about to apply for indefinite leave to remain (I have been on an ancestral visa since 2007- have been her for 9 years and got married to a British national in 2013). My question is about the financial proof you must provide. I am self employed but have been on maternity leave and have yet to carry on in my own business. We own a house and my husband works full time. He is obviously covering all the bills etc. In order to show I am financially ok in order to stay, do I need to show all our bank statements including his and his payslips to show we as a couple can afford the mortgage etc or do I have to only show things in my name which may be a problem as I have been on maternity and am self employed?

  • Gagan

    Hi there
    My first UK visa was issued in August 2007 and I came to UK on 7th September 2007 to do my MSc in Molecular Biology. After finishing my MSc in 2008, I switched to Post study work visa and started working as a Research Scientist. In August 2010, I enrolled myself for a PhD programme under EU funding at Coventry University and switched back to Tier 4 student visa. I finished my PhD in 2014 and again switched to Tier 4 Doctorate Extension visa (Work permit for PhD graduates) and started working as a Research Scientist again. In September 2015, the company I am working for offered me a Tier 2 Sponsorship. Since then, I am on a Tier 2 visa.
    Now my question is
    Am I eligible to apply for ILR under 10 year long residence category next year?
    Secondly, I got married in 2011 and brought my wife as a dependant. We were blessed with a baby boy in 2012, who was born in UK and is now studying in nursery.
    What are my options to apply for an ILR?
    Thanks very much in advance

    • http://www.1stcontact.com/ 1st Contact

      Hi Gagan,
      The 10 year route is not that simple and further investigation will need to be done to determine your eligibility.
      Your child may register as British once you have your ILR.

  • Sharjeel Malik

    I was granted FLR (M) status in Jan 2016. Will my application for ILR status be impacted if I live outside of the UK?

    • http://www.1stcontact.com/ 1st Contact

      Hi Sharjeel, if you were to spend extensive time outside of the UK then this would have a negative effect on your ILR application.

  • Sharjeel Malik

    Thanks. How long is one permitted to live outside of the UK for my ILR application not to be impacted adversely?

    • http://www.1stcontact.com/ 1st Contact

      Hi, in order to remain eligible for ILR you must not exceed 10 days outside of the UK in any of the 12 months over the 5 years.

      • M Aqeel Sherazi

        Before I was granted FLR (M) status, I had already spent 1 month visiting my family in Pakistan so don’t understand how the 10 day rule applies?

        • http://www.1stcontact.com/ 1st Contact

          Hi, apologies, the days outside of the UK is 180 days, not 10 days

          • M Aqeel Sherazi

            Thanks alot

  • Sharjeel Malik

    Before I was granted FLR (M) status, I had already spent 1 month visiting my family in Pakistan so don’t understand how the 10 day rule applies?

  • Stella

    Hi. My visa was once extended for 2 and half years and i have just been granted another 2 and half years making it 5 years on discretionary leave. However the home office are also calling my visa further leave to remain. I am confused about the two status. Now i am being told by someone that if it is further leave to remain i have to keep getting my visa extended for another 5 years (2 and half) to complete 10 years before i can get indefinite leave to remain. I am confused because my letter from home office says i have been granted limited leave to remain on the basis of discretionary leave. Please i need to know when i can be eligible for ILR; is it going to be for discretionary which is 6 years or the further leave to remain where i have to keep getting extension for another 5 years

    • http://www.1stcontact.com/ 1st Contact

      Hi Stella,

      Unfortunately 1st Contact don’t assist with cases involving discretionary leave.

      • AryLoyds

        Hello Istcontact, please I first arrived in England in Sep 2008, to study a 3year BSc in Manchester, completed the course , then got a 2 year post study visa , then started my masters after the post study , at Salford uni in sep 2013 ,which took 2 years and 6 months. That is, 2years on tier 4 ,and 6 months on short term study visa, in total I have spent 8 years in England with only three months outside the country. I am starting my PHd in September 2016, which would take me over the 10 years line, so I was wondering does short term study visa applied for outside the country count towards the ten-year rule? And been that I spent 8 years in England and with three months within this 8 years spent outside England, does this affect my continuous residence?

  • James

    Hi there,
    I would really appreciate your advice here.
    I was granted my first Tier 2 (General) visa on 19/08/2013.
    Since then and while still in the UK, I changed employers and was therefore required to apply for a new Tier 2 (General) visa, I received an approval letter in September 2015 and a BRP card with validity until 04/10/2018.
    I have two questions:
    1. Will I be eligible to apply for ILR by 04/10/2018?
    2. If yes, will I need to renew my visa or is it possible to apply in the last month of my visa validity ( before 28 days from expiry date) via the same-day premium service?

    • http://www.1stcontact.com/ 1st Contact

      Hi James,
      Should you have entered the UK within 90 days of your visa start date you may apply for ILR 28 days before the 18/08/2018

      • James

        Thank you so much for the helpful guidance!

  • Andrey

    Hi there,

    Please could you help me with the following? With regards to Knowledge of English Language requirement, it appears that proof would be, among other things, a degree certificate as well as a separate certificate stating that the course was taught in English. Do I really need the second part (certificate that course WA taught in English) as I’ve got a degree from University of Warwick (so a UK university)?

    Thank you in advance!

    Kind regards,
    Andrey

  • AK

    Hi,
    I have lived in Uk consistently on a spousal dependant visa. I came on my husband’s student visa. He later switched to a post study visa, which we are still on albeit entrepreneurs visas appeal. He recently qualified for his 10 yr route indefinite leave to remain. Do I qualify to apply for indefinite leave to remain once he gets his own. I know I will not be applying together with him. Am confused if I should apply for ILR or on normal spouse dependant .
    Thanks
    AK

    • http://www.1stcontact.com/ 1st Contact

      Hi, AK based on the visas held you may not be eligible to apply for your 10 year ILR. The five year route when only begin accruing form the 3/12/12.

      • AK

        Thanks a lot. That’s very helpful

  • ash7721

    Hi,

    My wife applied for initial tier 1 visa in 2011 and claimed total of 85 points which include 25 points for Income from both self employment and regular employment with her company. She claimed the same 85 points in 2013 for extension for which again claimed 25 points for both self employed + regular salary income.

    She is going to apply for ILR now and this time she has not done any self employment work so her total salary is £35700 for last 12 months and for which she can claim 20 points and in total for the application it will make 80 points for her which makes her eligible to apply for ILR.

    So my questions is as we claimed 85 points during initial application and for extension so will there be any issue she claim 80 points this time for ILR? Will home office question anything? As per the home office guidelines total points required is 80.

    She is claiming :

    Masters qualification : 35 points
    Salary band 35000 – 39999 : 20 points (last time her salary (employed + self employed) was 42000 and claimed 25 points)
    UK experience : 5 points
    Age : 20 points

    Thanks and Regards,
    Ash

  • Vinothkumar Kaliedass

    Hi

    I came to UK on 18th Dec 2010 in Tier 2 Intra
    company Transfer Established Staff Visa Till April 2016 I was in the same Visa
    by extending every two years once But now I have changed my visa to Tier 2
    General all this time I never been outside of UK for more than 60 days.

    Both my wife and myself are working we have our own house
    and two kids both of them born in UK.

    My question is when will I be eligible to apply for ILR.

    Regards,

    Vinoth

    • http://www.1stcontact.com/ 1st Contact

      Hi Vinothkumar, unfortunately your residence accrued on your previous Tier 2 ICT would not be recognised towards your 5 years required residence for ILR. You would need to accrue this residence on your Tier 2 General alone.

      • Vinothkumar Kaliedass

        Thanks for the Update and one more question some of my friends who came alone with me on Dec 2010 are still in the same Tier2 ICT Visa so will they be eligible for ILR if they finished 10 years in the same Visa.

        • http://www.1stcontact.com/ 1st Contact

          Hi, if they complete 10 years of residence in the UK on this visa then they would be eligible to apply for ILR.

  • William

    Hello, I received my ILR via same day service on May 20th, 2016. I received my BRP, which states that the issue date was on June 7th (valid until Dec-31st, 2024). In terms of applying for naturalization/citizenship on the basis of having possessed ILR for at least 12 months, is my first day of eligibility May 21st, 2017 or June 8th, 2017? Many thanks for taking the time to address my query.

    • http://www.1stcontact.com/ 1st Contact

      HI William,
      You may apply from the 7th June 2017

  • Peachy Mercado

    Hello. I was granted a settlement visa to join a parent in June 2014 and I stayed and studied in UK until last year. I went home to Philippines to continue my studies and I stayed their for 6 months and I came back here in UK for just 45 days. I’m planning to finish my studies in Philippines first before coming back here permanently. But I will be visiting UK every vacation to avoid termination of my visa. My question is, if the immigration officer noticed that I was granted an ILR Visa and I have been going home to Philippines and going back to UK for not so long time, will they refuse me to enter UK since my visa was supposed to be Settlement visa to join a parent? Will they question me about not living in UK with my parent? Or should I tell that I’m studying in Philippines and I’m planning to go back permanently when I finish? Would that be okay or do they have the right to refuse me to enter UK right away?

    Many thanks for the respone!

    • http://www.1stcontact.com/ 1st Contact

      Hi Peachy,
      Should you immigration officer feel that you are not living permanently in the UK, your ILR may be revoked.

  • ash7721

    Hi,

    My wife applied for initial tier 1 visa in 2011 and claimed total of 85 points which include 25 points for Income from both self employment and regular employment with her company. She claimed the same 85 points in 2013 for extension for which again claimed 25 points for both self employed + regular salary income.

    She is going to apply for ILR now and this time she has not done any self employment work so her total salary is £35700 for last 12 months and for which she can claim 20 points and in total for the application it will make 80 points for her which makes her eligible to apply for ILR.

    So my questions is as we claimed 85 points during initial application and for extension so will there be any issue she claim 80 points this time for ILR? Will home office question anything? As per the home office guidelines total points required is 80.

    She is claiming :

    Masters qualification : 35 points
    Salary band 35000 – 39999 : 20 points (last time her salary (employed + self employed) was 42000 and claimed 25 points)
    UK experience : 5 points
    Age : 20 points

    Thanks and Regards,
    Ash

  • Angelique

    Hi,
    I am French and wish to apply for a British citizenship. I have been living and working in the UK for 16 years and have been married to a British for 9 years. Do i need to apply for ILR before applying for a citizenship? or can i go straight to apply for citizenship after completing the citizenship test/test life in the uk? thank you.

    • http://www.1stcontact.com/ 1st Contact

      HI Angelique,
      You will require to hold a permanent resident’s before applying for citizenship.

  • bijoy

    Hi, My 10 years ILR qualifying period will be full filled on September 2016. Currently I am on tire2 visa. Although my current visa valid until march 2017, unfortunately my sponsor licence has been suspended (not revoked). In this circumstances can I eligible to apply for ILR 28 days before of my qualifying period, or need to wait for 10 years to be completed?

    • http://www.1stcontact.com/ 1st Contact

      Hi Bijoy, you would be required to complete your full ten years of residence prior to applying.

  • Neelam singh

    Hi,
    I am a tier 4 university student, who has been in the UK for 5 years. my visa expires in Sept2016, and would get the results in Nov2016. My question is that if i have to apply for January intake from within my home country, would the 5 years spent in the UK ultimately turns to zero?
    Thanks

    • http://www.1stcontact.com/ 1st Contact

      Hi Neelam,
      You may only be outside of the UK for 28 days, so the 5 years will not country towards 10 year ILR

  • Nabeel

    Hi,
    I got brp in 2013 and am living in uk since 2011, I know I can apply for citizenship and my wife is British national. I have come from Pakistan and my qualifications are all from there. I have lost my degree during shifting houses, how do I prove my English language education for my citizenship application, I work in a call centre. Please advise

  • Lolita

    Hello
    I got ILR , I am planing to go abroad for a period of 2 months this year but I was already abroad same year for one month and half would this affect when I apply for my British nationality as I heard I am only allowed to stay for a period of 90 days in one year it’s true ?thank you for your help

    • http://www.1stcontact.com/ 1st Contact

      Hi Lolita,
      In order to apply for nationality, at the time of the application you will need to show that in the previous 5 years you have not been outside of the UK for a total of 450 days and in the last 12 months you have not been out of the UK for 90 days.

  • disqus_0HTLVTBK0q

    Hi
    I am living with my European partner since may 2013 and then got married in sep 2014 and received my eu resident permit in Aug 2015 so I need to know from when I should start counting my 5 year so I can apply ILR. (I was on valid tier 1 working visa when I got married).
    Kind Regards

    • http://www.1stcontact.com/ 1st Contact

      Hi there,

      Your 5 year period will start from when you received your 5 year Residence card. In your case being August 2015.

  • Alphy Epeh

    Hi
    I am a Non EU national who has been living with my French husband since we got married in october 2012and i applied for my EEA SPOUSE visa in november 2012 and received my eu resident permit in september 2014. so I need to know from when I should start counting my 5 year so I can apply ILR. (I was on valid tier 4 student visa when I got married).
    Kind Regards

    • http://www.1stcontact.com/ 1st Contact

      Hi Alphy, your five years of residence would begin from the date your 5 year EU Residence Card became valid.

      • Alphy Epeh

        Helo thanks for your reply.now i want to know as things are not good between my husband and i,and i am planning to get divorce ,would i be eligible to apply on a retained right of residence after my divorce?if yes ,after my divorce has be prononced how long did have to apply for a retain right visa.
        Kind regards

        • http://www.1stcontact.com/ 1st Contact

          Hi Alphy, this would be issued for discretionary reasons and would not be something we could advise on. You would be better advised to discuss this with a private solicitor as they could then give you the necessary guidance.

  • lally

    Hi ,

    Could you please answer me on following.

    I came to UK on Tier 1 General on April 2011 and before expiry of my Tier 1 visa, I was moved to Spouse visa in November 2013. I did renewal on my 2nd term 2.5 years spouse visa in January this year. Now suddenly all is NOT well between me and my wife and we are going to seprated. I have 3.5 year daughter and own house as well. Could you please let me know do I need to move back to my country OR I can switch back to my Tier 1 ( general) visa?

    Thank you

    • http://www.1stcontact.com/ 1st Contact

      Hi Lally,

      Unfortunately the Tier 1 visa was abolished a few years back, and one is no longer able to apply for this visa.
      Should you divorce, then you could look into the Tier 2 work sponsored visa.

      • lally

        Thank you very much for quick response.

  • Jamie

    Hi,

    I came to UK with student visa in September 2016. Since 2012, I am on Tier 2 sponsored VISA, and by this September, I am qualified for ILR visa on the 10 year long residence route. And by July next year, I am qualified for ILR visa under 5 year route. My current visa is valid until 2018.

    My spouse will have also stayed in UK for 10 years by this September. However, she has spent 650 days outside UK (more than 540 days allowed). She has been on dependent visa since Jan 2014. Her dependent visa is valid until 2018.

    I have a few questions:

    What is the quickest route for both me and my spouse to get ILR?

    And if I decide to apply for ILR this year, does she have to reapply eventhough her current visa is still valid?
    Much appreciated!

    • http://www.1stcontact.com/ 1st Contact

      Hi Jamie,
      You may apply for ILR and then your wife will need to apply for a settlement visa based on your settled status in the UK. Her 5 year residency will start again.

      • Jamie

        Many thanks for your prompt reply.
        In case I apply for ILR under 10 year route this year, is it compulsory for my wife to apply for new visa at the same time given her current visa is still valid?
        And if I wait until next year, and apply for ILR under 5 year route, does the 5 year residency still apply for my wife?

        • http://www.1stcontact.com/ 1st Contact

          As your wife is your dependant, she will need to apply for a settlement visa once you have ILR. Your wife will not qualify for ILR next year as she has not met the residency requirement

  • Nidhi

    Hi,

    I am due to apply for ILR during first week of October 2016. However we have to travel out of the UK during second week of November. We are planning to apply our ILR via post as one day is expensive. As we will submit our current passports, is there any way we can still travel abroad whist we have not received confirmation of ILR?

    Thanks

    • http://www.1stcontact.com/ 1st Contact

      Hi Nidhi,

      Unfortunately should you go the postal route, no travel is permitted until the application has been finalised.

  • chimdi nwosu

    Hi I have a simple question: my fiancee has been in the UK legally for 8 years and haven’t exceeded the 540 days outside the UK, if we get married next year and she becomes my dependent on a spousal visa, does she loose her eligibility to apply for her ILR via 10 years in 2018?I am currently on indefinite leave to remain
    thanks

    • http://www.1stcontact.com/ 1st Contact

      Hi Chimdi, this depends on what visa your fiance has been on over the 8 years in the UK?

      • chimdi nwosu

        Hi thank you for your reply. My fiancee has been in the UK on a dependent visa to her mums. Her mother is currently on a tier 4 Visa completing a PHD and is due for for ILR next year 2017

        • http://www.1stcontact.com/ 1st Contact

          Hi Chimdi, she may retain her 10 year ILR eligibility in this case.

          • chimdi nwosu

            Thank you

  • Martha Anzola

    Hi. Im in the process of a ILR visa since 2013 (5 years process). I have spent 360 days out of the country since i started. There are a couple of years to go. What would happen if i spend more days out of UK than the allowed ? (450 days)

    • http://www.1stcontact.com/ 1st Contact

      Hi Martha, in this case you would then be required to extend your visa rather then applying for ILR.

  • Martha Anzola

    Two more questions.
    Is there any easy way to double check how many days I have spent out of the country besides checking stamps on my passport.? And also if I apply again (as per your recommendation) do you have information of how log will it take, and how much does it cost?

    • http://www.1stcontact.com/ 1st Contact

      Hi Martha,

      You can contact the home office and request a subject access request.

      Please confirm what visa it is that you hold?

  • Tara

    My partner was born in the UK 34 years ago his mum is from Barbados she came over in 1970 on her eldest brothers passport. She then didn’t get her own Bajan passport till 1997. We have been trying to apply for a british passport for my partner but as his mum only got a passport in 1997 with the stamp for right to remain in it how do we prove she had the right to remain here from say 1983 when he was born. As when she came over in 1970 they were not stamping passports.

    • http://www.1stcontact.com/ 1st Contact

      Hi Tara,

      It would be best to contact our partner firm Philip Gamble and Partners, as they would be able to advise on options available.

      Their web address is; https://www.philipgamble.co.uk/

  • Ming Li

    Hello. I came to the UK in Sep 2013 with a Tier 4 General Student visa and it is now expiring in Nov 2016 and it is stamped on my HKSAR passport. I intend to keep the 10 years residency for IRL route open, and want to (fly back home and) apply for the Tier 5 Youth Mobility Scheme visa. I also hold a British National Overseas passport, which is the document I hope to apply for the Tier 5 visa with.

    May I know if a successful application on the Tier 5 visa with my BNO passport would mean a break with the student visa on my HKSAR passport if I apply for it before the student one expires?

    Many thanks!

    • http://www.1stcontact.com/ 1st Contact

      Hi Ming,
      You will need to make sure you are not outside of the UK for longer than 28 days when applying for a new visa.

      • Ming Li

        Many thanks for the reply. May I understand why? As I’m not aware of any 28 days rule.

        Finally, if I apply outside of the U.K. with leave to remain and have not been outside of the U.K. for more than 28 days when applying for the new one, as told, does it mean there’ll be no gap in between 2 visa?

        Many many thanks.

        • http://www.1stcontact.com/ 1st Contact

          Hi Ming Li, the 28 day rule applies to the 10 year application. Yes this would mean that your residence would be regarded as continuous.

  • Amy

    Hiya. I’m very happy to ask a question here and hope to get more knowledge.

    In my case described below, can I get the “indefinite leave to remain”- card or status exact on 30. December 2018 or any day earlier (also considering the time the government needs to deal with a claim)?

    – I arrived as single parent with 2 depended children on 30. December 2013 in the UK and from this date we stayed here till today and will continue staying here forever (if we can).

    – I am holder of a German passport although my parents are born in Russia.

    – When we arrived on 30. December 2013, although the children were registered to school at school start in January and visited the school in the UK, we did not receive any benefits and I was no worker for the first 3 month until 01. April 2014.
    We staid in the house of a friend without any legal rights.

    – since 01.04.2014 I had jobseeker allowance status. During that time I lost my status of being the main carer for the children.

    – therefore I started a full time job after being jobseeker. I paid all tax that needed to be paid.

    – since April 2016 I’m the main carer of my children again and it will stay like this now and therefore only do a part time job (as the full time job could be changed to part time) with less than 5.000£/year income. So on my payslips there are not all tax anymore. We receive Universal credit.

    – when I changed my job and income from full time into part time, me and my children were waiting for ca 1 month to be able to apply for the needed benefits when I was already changed to part time and did not pay tax.

    This was not possible another way because the kids moved back into my house gradually. So the kids already staid with me together when the same time I was not the main carer yet and not eligible to apply for benefits. Same time I had to work part time in order to care for the kids who have been already many days at home.

    I am worried if the little interruptions of this kind are a problem ? And if an application will be successful BEFORE Brexit is done in December 2018.

    Thank you so much in advance! :-)

    • http://www.1stcontact.com/ 1st Contact

      Hi Amy,
      Please forward your email address or you may email us on immigration@1stcontact.com

  • Ib Yousaf

    Hi I came in 2008 and I am married since 2010 my mrs is from czech republic and we lived since together … we got one little girl who was also born here in 2011 … I had 5 years visa as eu member which will be exprie in 2017… what will be the best cousre of action for me.
    Thanks

    • http://www.1stcontact.com/ 1st Contact

      Hi Ib, if you have completed 5 years on your residence card then the next applicable application for your would be the permanent residence application.

  • Nicole

    Hi there – I am just about on the last year of my 5 year ancestry visa and I will be applying for my ILR status when the five years are up (August 2017). Can I double check a few things – (1) I can only apply for ILR 28 days before the ancestry visa expires and (2) do I need to extend my ancestry visa while the ILR is being processed (I’ve read that it can take up to 6 months to have the ILR approved) as otherwise I won’t have a valid visa during that time? Or am I covered by being mid-process in the ILR? Thanks! Nicole

    • http://www.1stcontact.com/ 1st Contact

      Hi Nicole,
      You may only apply within 28 days of your visa expiring and your immigration status will remain the same whilst you are waiting for the result. You won’t need to extend.

  • Rana Ali Akhtar

    greetings of the day respected sir ,

    i am from pakistan. i am going to marry a uk born muslim girl in august 2016. do i qualify for 5 years route to ILR ? can i live 180 days each year outside uk and can still qualify for ILR after 5 years ?

    • http://www.1stcontact.com/ 1st Contact

      Hi Rana, after 5 years of continuous residence on your spousal visa you will then be eligible to apply for ILR. You must not exceed more then 180 days outside of the UK in each individual 12 months over the 5 years in order to meet the residence requirements.

  • Sam

    Hi , I have been in UK since 2008. First on Tier 4 visa ( From Sep 2008- April 2014) and then onwards on Tier 2 visa. I got my first Tier 2 visa on April 2014 (for 3 years) but unfortunately left the job in Oct 2014 due to personal circumstances. From Oct 2014 to Jan 2015, I was in UK looking for job and new Tier 2 sponsor. I got my new job (Tier 2 sponsor) in Feb 2015 and have been on tier 2 visa since then. My current tier 2 visa expires in Jan 2019. My question is am I eligible for applying ILR via the 10 years long residency route in Sep 2018?

    And is the period (from Oct 2014 to Jan 2015) while I was looking for job while still in UK counted as break or would create any problem afterwards. I didnt receive any curtailment letter from UKVI. I even sent them a SAR!
    Many Thanks
    Sam

    • http://www.1stcontact.com/ 1st Contact

      Hi Sam, based on the gap between your Tier 2 employments the option for the 10 year ILR route would unfortunately not be possible.

      • Sam

        Thanks for the prompt reply, What does the rule say? How much gap is acceptable between two Tier 2 employments? But my understanding of the rule was that you should be in the country legally under any visa category! Isnt it?
        In this scenario do you think the only option for me would be ILR based on 5 year rule (TIER2)? I started my job ( with Tier 2 employer) in Feb 2015.
        Thanks
        Sam

        • http://www.1stcontact.com/ 1st Contact

          Hi Sam, yes in your case the best option would be to complete 5 years on your Tier 2 General visa alone and then look to apply for your ILR.

          • Sam

            Many thanks for your reply, What does the 10 year rule say? How much gap is acceptable between two Tier 2 employments? Do you guys have a office?

          • Sam

            Many thanks for your reply, What does the 10 year rule say? How much gap is acceptable between two Tier 2 employments?

          • http://www.1stcontact.com/ 1st Contact

            The 10 year rule would not allow for this gap to be anymore then 28 days.

  • ana

    Hi, if my husband made fake wage slips in my name with out my
    knowledge for 12 months and used them to gain ILR what can happen to him as he has ended the marriage. I have reported him to police for fraud, but, immigration said they are not going to investigate?

    • http://www.1stcontact.com/ 1st Contact

      Hi Ana,
      This is not something 1st Contact offer advise on.

  • ash7721

    Do home office accept Post Graduate Diploma from UK university as accepted English level for dependent?

    The guidance says the below :

    Applicants holding a post-graduate diploma, or a graduate diploma from a UK university, are considered to have the required level of English for a settlement or citizenship application.
    Postgraduate diplomas are usually abbreviated as PGDip, PG Dip, PgD, PgDip. Examples would be:
    • postgraduate diploma in legal practice
    • graduate diploma in law
    • postgraduate diploma in education
    A postgraduate diploma, or graduate diploma from a university outside the UK, must have
    UK NARIC confirmation showing it is comparable to a UK degree, and was taught in
    English.
    You must not accept professional diplomas from either inside or outside the UK, which do
    not require an undergraduate degree as an entry requirement, for example:
    • accountancy
    • marketing
    • hotel management
    • retail management
    • cosmetic science
    • food hygiene

    • http://www.1stcontact.com/ 1st Contact

      Hi Ash,
      You will need to contact UK NARIC

  • Kavitha

    I’m presently on PBS dependent visa (expiring on 23-Dec-2018). My husband has acquired ILR now and I’ve come to India for a long break. I was just wondering what will happen to my visa when I don’t turn up to UK within 180 days. Will my stay in the UK so far (which is 19 months in total) be voided or my visa itself be revoked?

  • Zara

    I have applied for indefinite leave to remain in has been one year I still have not heard anything my solicitor contacted home office they said my case is complex. what does that mean please could you let me know

    • http://www.1stcontact.com/ 1st Contact

      Hi Zara,

      Should you have applied via the post, these applications can take quite a long period of time to finalise, especially as you have mentioned your case is deemed complex.

      • Zara

        Yes but what does complex mean?

        • http://www.1stcontact.com/ 1st Contact

          I am not aware of the full details pertaining to your case, you mentioned your case to be deemed complex.

          • Zara

            Yes and i am asking u what does complex mean. What could make my case compex. Pls can u tell me

          • http://www.1stcontact.com/ 1st Contact

            I would advise that you refer back to your solicitor who assisted in your application, as they would be aware as to the specifics and what would have been complex in your application.

  • Iha Jain

    My spouse visa will expire in December this year, can I travel to India in October for a month?

    • http://www.1stcontact.com/ 1st Contact

      Hi Iha,

      As your spouse visa will still be valid, you will be able to travel.

  • Baljinder Singh

    Hi i am at present on enterprenuer visa which expires in june 2017 but i am planning for ILR on 10yrs basis in september 2016. do I have to show 50000 investment and 2 jobs created.

    • http://www.1stcontact.com/ 1st Contact

      Hi Baljinder,
      It would be best to contact a solicitor.

  • Nir

    Hello I am on tire 2 , will be eligible for ilr next year, at that time my wife would not have finished 5 years to qualify for Ilr. So at that point which visa shall I apply for her.

    I obviously cannot apply for ilr for her.

    • http://www.1stcontact.com/ 1st Contact

      Hi Nir,

      Your wife will need to apply for a PBS extension, until such time as she has spent a full 5 years residency in the UK.

      • Nir

        Hello Thank you for your reply

        The day I apply for Ilr front tire 2 5 years cat

        According to you , my wife can apply same day for pbs extension !

        And does she must apply even if she already has dependent visa for few more months

        • http://www.1stcontact.com/ 1st Contact

          Hi Nir, she will not be required to apply at the same time but she would have the ability to do so.

          • Nir

            Is it possible to speak to one of you over the phone please

            If yes

            Which number shall I call

            I may pay appropriate fees if it apply

          • http://www.1stcontact.com/ 1st Contact

            You can call 0207 759 5333

  • amsa

    I had obtained a ILR in 1994 but had to leave the UK … i later did a degree from Uk (Masters) and have a 10 year visit visa … I live in a conflict territory and as i belong to a political family me and my children are under constant threat …will there be a possibility to revive the ILR

    • http://www.1stcontact.com/ 1st Contact

      Hi Amsa, unfortunately it is not possible to have ILR reinstated after spending more then 24 months out of the UK consistently on a previous ILR.

      • amsa

        OK thanx, i was however reading somewhere else that there could be some relaxation depending on the time previously stayed in the UK – my case 9 years and also conditions under which reinstatement is requested.

        • amsa

          would you also kindly suggest any other route.

          • http://www.1stcontact.com/ 1st Contact

            You will need to apply for a new visa

  • Mike

    My ancestry visa started on 15/9/2011 but I didn’t arrive to live in the UK until early October 2011. My ancestry visa expires on 15/9/16, so technically at that date I haven’t quite been living here 5 years. Would I still be able to apply for ILR in these circumstances???
    Also I have never lived outside the UK in this period for more than 180 days. Longest period away was about 100 days for travelling.

    • http://www.1stcontact.com/ 1st Contact

      Hi Mike,
      Yes you qualify for ILR

  • Brumilda Marshall

    I have been on a spouse vise for 3 consecutive years (July 2013 until now) I have just received my FLR visa. Will I be able to apply for ILR?

    • http://www.1stcontact.com/ 1st Contact

      Hi Brumilda,

      Once you have completed 5 years on your UK Spousal visa, you may be eligible to apply for indefinite leave to remain within the UK.

  • Suresh Chowdary

    HI I AM ON TIRE 2 WHERE I WILL FINISH 5 YEARS ON TIRE 2 BY 15 OCT2016,
    CAN I APPLY FOR ILR BY 20 SEP 2016 25 DAYS BEFORE QUALIFYING PERIOD.
    THANK U

    • http://www.1stcontact.com/ 1st Contact

      Hi Suresh, yes you would be eligible to apply for ILR in the 28 days prior to your 5 years being recognised on your Tier 2 General visa.

      • Suresh Chowdary

        Thank u very much sir

  • Suresh Chowdary

    Hello
    My wife is on dependant visa on tire2 along with me but she came after July 2012 with new ILR qualifying time, she finish her tire 2dep visa this October can I get her extension on tire 2 dep if I switch my visa to
    ILR this oct or I need to get her ILR dep visa.
    thank u

    • http://www.1stcontact.com/ 1st Contact

      Hi Suresh, your wife will then need to apply for a settlement visa extension based on you holding ILR.

      • bryan

        This is so confusing i have read that if a tier 2 dependant switch their visa to spouse/settlement visa is wrong because it will reset their time of stay here in u.k. .
        According to what i read an pbs dependant can still extend based on tier 2 dependant visa even do the main applicant is already granted ilr

  • Dina Menzies

    Hi there,

    I’m Canadian and had my first spouse visa from Jan 30 2012 till Apr. 30 2014. I applied for ILR then and was rejected and given an extension to my visa for another 2 years (under paragraph 285 of the immigration rules) to be able to have another opportunity to prove that I have lived with my husband for the past 2 years. My second spouse visa expires in October 2016 and I am not preparing my application. Do I use the Set (M) or Set (O) application from, since my last extension was given under par. 285?
    Thanks so much.

    • http://www.1stcontact.com/ 1st Contact

      Hi Dina,
      You will be using Set (M)

  • Lara

    Hi there,
    Im planning to get married to my bf, but unfortunately my original passport is with the Home Office as they had allowed me to stay on a temporary admission for a week. But my stay got extended for about 2 and 1/2 years as i have been passing an application which later on got refused but appealed and the appeal is set on October 2016. I wanted to be married to him so even if I have to go back i have something to hold on to. Is it possible to get married in local register office with just a photocopy of passport, birth certificate and immigration documents to prove my identification? Will really appreciate your answer. Thank you in advance!

    • http://www.1stcontact.com/ 1st Contact

      Hi Lara,

      Unfortunately this is not a matter that 1st Contact will be able to advise on.

      • Lara

        Can i just ask if I can get the family life as partner (10year route) even though I have lived separately from my bf (im with my family) and we have only been togethr for about 11months?

        • http://www.1stcontact.com/ 1st Contact

          Hi Lara,

          Unfortunately it will not be possible.

  • Teddy

    Hi,

    I am on the tier 4 student visa and I am nearing the 10 years consecutive years. On the above Q&A of ‘If I study in England for five years on a Tier 4 visa can I apply for ILR?’, with 10 years, am I eligible for settlement purposes.

    Also, as it is about 10 years ago, I don’t have the exact day of the short holiday (ie 2-3 weeks Christmas) I made back to my country and unfortunately on my passport there’s only the entry stamp for the UK boarder and not my country ones as we use an id card for entry, does it matter if I apply with rough dates.
    Thanks

    • http://www.1stcontact.com/ 1st Contact

      Hi Teddy,
      You may apply for ILR after being in the UK for 10 years on a Tier 4 visa., You will need to provide dates as accurate as possible.

  • Alves

    hi, I am applying for my ILR and currently have a tier 2 general visa. I have had it for 5 years and worked at the same company for 5 years so it’s all good there. The questions I have are:
    should I use the form SET(O) to apply? and on that form, section 3, which category should I select? there is no tier 2 general category there, should I select: Work permit holder (only tick if you are a pre-Points Based System work permit holder)?

    pls help! thank you

    • http://www.1stcontact.com/ 1st Contact

      Hi Alves,
      You may use the SET(O) forms. We are not able to advise on how to complete the forms.

      • Alves

        thank you

        are you able to clarify if periods of absence include holidays outside the UK?

        • http://www.1stcontact.com/ 1st Contact

          Yes holidays are included

  • Sathish

    Hi there. I did some research and confident I understand the rules but prefer if you can confirm. I’m planing to apply for ILR next month from tier 2. My visa expires next year 07/11/2017 which will be 6 years in tier 2. I got tier 2 from 07/11/2011 so I complete 5 years on 07/11/2016. I want to book the premium appointment on 14/10/2016 [which is 4 years 11 months 22 days] falls under the 28 days criteria as its the earliest I can apply. Does it matter that I’m applying early even though I can wait for 5 years?

    Thanks!

  • Javidaiyub Delawala

    Hi there .. i just wanted to know how long home office take to makr decesion on ILR after 6 months … home office sent me letter stating case is complicated and they require more time to decesion… i wanna know how long does home office take in this circumtances.. thank you….

    • http://www.1stcontact.com/ 1st Contact

      Hi Javidaiyub,

      Unfortunately there is no time frame, you will just need to await them finalising the application and hearing the outcome.

  • Javidaiyub Delawala

    Thank you very much..

  • Javidaiyub Delawala

    Hi there.. please help me with this.
    I am so upset with home office the way dealt with cases. Seriously my case is very straight forword as i have applied on 10 year route. They have taken 6 months and 10 days and still these days not enough for them and sent me letter stating the complexity of case we need more time.. i dont get that how many more days they need.. what kind of service is that eventhough after paying 1500 and 19.20 pound…. any way i have came across following text on gov.uk website..

    If we can’t make a decision within the service standards

    If there is a problem with your application or if it is complex, we will write to explain why it will not be decided within the normal standard. We will write within the normal processing time for the 8 week standard and within 12 weeks for the 6 month standard. The letter will explain what will happen next.

    Does this mean home office will make decesion in this period… if it is then it would be nice. Reason is thos process is very very stressful and frustating .. they cant not make decision with in six months ..just out of order..

    please let me know from your experiance and expertise the time line..
    thank you very muchh for your help
    i really appreciate..

    • http://www.1stcontact.com/ 1st Contact

      Hi Javidalyub,
      This is not something that 1st Contact offer advise on unfortunately.

  • Khan

    Hi
    I am going on ILR on 10 years route next month. I applied for business visa and was refused on credibility. The case is in the court and not yet decided. I just want to know that whether I will be able to go on premium services. Let me know please
    Kind Regards
    Khan

    • http://www.1stcontact.com/ 1st Contact

      Hi Khan, you are able to fast track a 10 year ILR application.

  • malik ali

    i have applied for ilr based on long resedencey. but im also married to a british citizen for the last 3 years. i have not applied throught the suppouse route as it takes 5 +1 year for naturilization. will i be able to apply for naturilization straight after the ilr as is the case with suppoues rules or do i have to wait 12 months before applying. thanks

    • http://www.1stcontact.com/ 1st Contact

      Hi Malik, as you are married to a British National you will not be required to wait the additional 12 months after gaining your ILR before Naturalising.

  • Sam

    Hi, my partner is here on a Tier 2 work visa and would like to apply for ILR once the 5 years are up. If he takes a job for less than the 180 days outside of the UK will the time amassed here be reset or will it still count towards his five years in the UK?

  • Avi

    Hi , I have my tier 2 visa till august 2018 making it 6 yrs in total as tier 2 in the UK. I am planning to apply for ILR in oct 2017 by then i would have completed 5 yrs on tier 2 but my spouse and my children would need a few more months ie 4 months (in March 2018) to have completed 5 consecutive years in the uk as dependants. What would be the ideal way to apply for ILR? Shall we all go together in March 2018 to apply for ILR or do we have any another option?

    • http://www.1stcontact.com/ 1st Contact

      Hi Avi,

      It is advisable that you all lodge your indefinite leave to remain applications at the same time.

  • Atif

    Hi, My wife is on refugee status and she applied for ILR as she has been in UK for 5 years. I am currently on student visa. As we are waiting for her decision Can i still apply for spouse visa?

    • http://www.1stcontact.com/ 1st Contact

      Hi Atif, you would only have the ability to apply for your spousal visa once your wife’s ILR has been issued.

      • Atif

        Many thanks……there is one more thing. I came here on student visa to get masters degree in computer science. i have done half of my degree and i am getting job offer from a company who is ready to sponsor me. if i leave my degree now i will get post Graduate diploma (PG dip) in computer science(120 credits). Will i be able to apply for Tier 2 visa? Does PG dip is acceptable qualification for tire 2 visa?

  • Sarah

    Hello.
    i have acquired my ILR after working and living in the uk for 13 yrs
    Iam married to a British citizen and have a home and relative on his side in England . Our son is British

    We moved abroad due to my husbands relocation of job . His contract has seen us still living abroad , so 4 yrs away from the uk

    His contract will complete in two yrs but I wish to return to work doing temporary work ( come and go between uk and UAE ) over the next two yrs so when we return I can get right back into work

    My question is .. I need to return to the uk to sort possible work with previous employer ( hospital ) but as I have been away 4 yrs how do I re enter the uk without loosing my ILR

    Can I extend my ILR with intent to Return as a resident in two years

    What visa do I need for these 10 days without compromising my ILR ?

    Or I have no chance of keeping ILR and need to be sponsored or apply for work visa to keep my ILR ?

    Many thanks

    • http://www.1stcontact.com/ 1st Contact

      Hi Sarah, if you were to spend more then 2 years consecutively out of the UK without re entering at all then this would mean your ILR would lose it’s validity. If you re enter regardless of the duration within this 2 year period then your ILR would remain valid.

      • Sarah

        Ok so reading the wording of what you wrote , I can gather that there hasn’t been 2 consecutive yrs without a visit so my ILR should be ok ?

        we left december 2012 from the uk . We went back to uk for visits 2014 /2015 and now we want to go back in a couple of weeks so I can sort possible work .
        Do I just enter on my ILR status or what ?
        I have heard a visitor visa makes ILR null and void

        Thank you for any advice given

        • http://www.1stcontact.com/ 1st Contact

          Hi Sarah, yes if you have not spent more then 2 years consecutively out of the UK without re entering at all then your ILR would remain valid. Yes you would have the ability to re enter using your ILR.

  • sowmia Ravi

    Hello,
    My husband is on a Tier 2 General, and he will be eligible for ILR in October 2016. I entered UK on TIER 2 dependent visa on march 2016. Should I change my visa when he switches to ILR. If so, what category will I be, what is the process/form and fees? Can I continue on my current visa which is valid until November 2017?

    • http://www.1stcontact.com/ 1st Contact

      Hi Sowmia,

      When your husband applies for his indefinite leave to remain, you will switch over the the FLR(M) application, which is a Spousal visa.

      • Sowmia Ravi

        Is it possible for me to stay on my current visa and renew it before it expires in Oct 2017?

        • http://www.1stcontact.com/ 1st Contact

          I would advise that you apply to switch sooner rather than later.

  • M ALI

    HI i applied for ilr under tier 2 general dated 04/04/2016. last week i received a letter from home office asking for my march 2016 bank statement. i sent them the asked statement and they received on 15/08/2016 i just want to know any idea how long it will take them to make a decision

    • http://www.1stcontact.com/ 1st Contact

      Hi M Ali,

      Applications can take up to 6 months to 6 months to finalise.

  • Aiden Selsick

    Hi, I am on an Ancestry visa and plan to apply for ILR early next year. My question is: if I can only apply 4 weeks before it expires, and it takes up to 6 months to process, what is my legal status in the intervening time?

    • http://www.1stcontact.com/ 1st Contact

      Hi Aiden,
      Your immigration status will remain the same.

  • Swati

    I had applied for extension of my spousal visa which was expiring on june by post. I got the extension but it took some time to process it ( needed more documents). Extended visa starts from august – will this gap of 2 months between two visas impact my ILR count of 5 years ?

    • http://www.1stcontact.com/ 1st Contact

      Hi Swati, This timeline would be taken into account and you should still then have the ability to apply for your ILR at the end of the 5 years of residence on your Spousal Visa.

  • Leila

    My student visa was expired on the 30 of January. I applied for my spouse visa before that but I got refused then I applied for it the second time after my visa expired but it was within the 28days which I can reapply for it, I did but again got refused on the 4th of May and decide to apply again on the 2nd of June. What I’m worried about is when I received the letter on the 4th of May will the 4th of may be included on the 28days right to reapply or no? Because when I count the 4th of May I passes 28 days as I sent it on the second of July but if the 4th of May isn’t counted then things will be ok. I don’t know if you get me but plz I need an answer on this

    • http://www.1stcontact.com/ 1st Contact

      Hi Leila, the 28 days would be counted from the expiry of your Tier 4 visa and this does not reset every time you reapply.

  • SHah

    Once I withdraw an ILR application and plan to leave the country as get the docs back from HO. What will be my status for the period between withdrawal and date of leaving the country?
    Overstay Illegal?
    HO rules said do not make any travel plans until you get your docs back from us.
    Thank you

    • http://www.1stcontact.com/ 1st Contact

      Hi Shah,
      You will need to get in touch with the Home Office who will be able to answer your question.

  • Alex101010

    I am currently on a Tier 2 visa and will have been working in the UK for 5 years this September, therefore should be able to apply for ILR. However, my wife only joined me in the UK on May 2012 and she will not reach the 5 year period this year, and will need to wait until May next year. Should I apply ILR first, and reapply for my wife next year? What is the best application route for us?

    • http://www.1stcontact.com/ 1st Contact

      Your wife may apply for ILR with you as she was granted her visa before July 2012.

      • Alex101010

        Thank you very much for your quick response, I wasn’t aware of the July 2012 rule, I thought that was the date of the ILR application rather than the date of the Dependent Visa application. We have both renewed our visa since my first Tier 2 visa expiry in 2014, will that affect the application? What are the rules with regards to residency for my wife as she has been out of the country a bit more than me (to visit family back home etc.)

        • http://www.1stcontact.com/ 1st Contact

          The requirements are the same for your wife.

  • Laura

    Hello, will the 5 years period start from the date my visa is issued or the date I actually entered the UK? There was a gap about 3 months between when my application was approved and when it was stamped on my passport on my first entry to the UK with that visa. Thanks!

    • http://www.1stcontact.com/ 1st Contact

      Hi Laura,
      The 5 year period will start on the day your visa is issued, however should you have entered the UK 90 days after your visa start date, your 5 year period will start on the day you arrived.

      • Laura

        My entry was just within the 90 days period (86 days from date of issue). Good to know that I can start the clock earlier. Thanks!

  • Mahrukh Qureshi

    if once you get rejected by ilr application and you apply again how long does it take to come? same time? or they attach it with prev application?

    • http://www.1stcontact.com/ 1st Contact

      Hi Mahrukh,
      This will be outlined in the refusal letter

  • Masood Zrega

    Hello, thanks for this discussion.

    I have been a resident in the UK for 8 years and 6 months. I have been a resident under Tier 4 for 8 years and a PBS Dependent Leave to Remain for 6 months. I would like to know would having a PBS dependent Leave to Remain reset my ILR count or can it be counted towards the 10 years required for the ILR.

    Also, I will be getting a Tier 2 visa soon, will obtaining this visa reset my ILR count or can it be counted towards the 10 years needed to apply for the Long Residence route.

    Thank You

    • http://www.1stcontact.com/ 1st Contact

      Hi Massod,
      You are able to use multiple visas in the 10 year ILR applicant.

  • Raju

    Hi

    Currently on Tier 1 Entrepreneur (£50000) and going to complete 10 year in this October 2016.

    Question:
    Student visa refused in June 2011
    Timely Appealed
    Decision in August 2011 In my favor (First Tribunal)
    Home office granted me 3 months visa (Discretionary leave) in February 2012 as my college cass letter was already expired in September 2011
    I applied PSW in February 2012 which was successful

    I am concerned about that 3 months leave, will that leave be included in my 10 years as somebody told me that because it was discretionary leave it will not include.

    • http://www.1stcontact.com/ 1st Contact

      Hi Raju,
      As your case is complex, you are best advised contacting an immigration solicitor.

  • Sushree Kiran

    Hi
    I started working sep2012 on tier 2 and am due for Ilr in sep2017. My wife joined me in March 2013.. If I apply for Ilr in September 2017.. What visa do I get my wife and when can she apply for Ilr.. Is it better for me to wait and for both of us to get Ilr in March 2018 when she becomes eligible. Thanks.
    Regards
    Manish

    • http://www.1stcontact.com/ 1st Contact

      Hi Sathish, the time during appeal if not spent on a valid visa cannot contribute to residence for ILR.

  • Irfan Irshad

    Hi,
    I got my Tier2 (general) visa extension in September 2014 meeting Codes of practice min. salary requirement, I intend to apply for ILR next month; do I have to match the min salary requirement for my job title as per codes of practice document when I got my visa extension in 2014 (PBS Codes of practice skilled worker from 6 April 2014 to 5 April 2015) or do I have to meet the salary requirement as described in recent codes of practice document (PBS codes of practice skilled worker from 6th April 2015) that has higher min salary requirement as compared to when I got my last extension?

    Kind Regards,
    Irfan

    • http://www.1stcontact.com/ 1st Contact

      Hi Irfan,

      You will be required to show that you earn no less than £35 000 per annum, in order to apply for indefinite leave to remain based on holding your Tier 2 visa.

      • Irfan Irshad

        Many thanks for the reply, My job title comes under the shortage occupation list, I believe that exempts me from showing £35000 per annum income, however, I will have to match the min salary requirement as per codes of practice document. That is what my question about that do I have to meet the min salary requirement according to latest document or when I got my Tier 2 extension in 2014?
        Many thanks,
        Irfan

    • http://www.1stcontact.com/ 1st Contact

      Hi Irfan, I would suggest you contact our advisers directly with this specific query on immigration@1stcontact.com

  • VR Hengari

    Hi

    Can you please tell me how strict the 2 year leave from uk is? Also does the clock get reset with every visit or do u have to be back in employment? Eg i have ilr and left 1.5 years ago to travel/casual work. I have been back in uk twice since for visits around 2 weeks. Do i still have to return within the 2 year period for my ilr to be valid?

    Thanks

    • http://www.1stcontact.com/ 1st Contact

      Hi VR,

      The 2 year rule is extremely strict, however it is at the discretion of the Immigration officer. Should they feel that you are merely entering the UK every 2 years to keep your indefinite leave to remain active, they may revoke this status.

  • Jonathan

    Hi,

    Many thanks for the brilliant article and comments – I have found it really informative!

    I’ve got a quick question as well… My wife has been on the PBS Dependant visa for the past 4 years and it expires next month. Since then I have naturalised as a British citizen and am unsure on which visa she needs to renew – she will be eligible for ILR next year. I’m unsure if she can renew as PBS Dependent or needs to apply using FLR(M), which means she has to restart her 5 year route.

    Could you please advise?

    Many thanks!

    • http://www.1stcontact.com/ 1st Contact

      Hi Jonathan, as you have already Naturalised your wife’s option would be to extend her stay using the FLR (M) application.

  • Gary Capacity

    Hi I live in SA planning to go to the UK on an ancestral visa as my granny was burn in Blackburn. The question I have will a pending court case affect the application of the visa. Pending case is drinking and driving.

    • http://www.1stcontact.com/ 1st Contact

      Hi Gary,
      You may only apply once your case is finished.

  • Lakhvir

    Hello, My ILR is due in December 2016. I am currently on tier 2 visa with 23k salary. However, due to changes in company, my salary is going to increase to 35k this month.
    I was wondering if this would be ok to get the 35k two months before my application or shall I have the 35k salary for a period of time (such as a year) before I submit my ILR application?

    • http://www.1stcontact.com/ 1st Contact

      Hi Lakhvir,

      The guidance states that the applicant should be earning £35 000 at the time of application. It should be a genuine pay rise, and the employers should not just increase for the purpose of gaining indefinite leave to remain, and then reduce this afterwards. As this could prompt the home office to investigate the Tier 2 licensed company, as it could look suspicious.

      • Lakhvir

        Many thanks for your prompt reply. Much appreciated!

        I can understand your point that it looks bit suspicious of having sudden increase from 23k to 35k. My current tier 2 visa is valid for one more year. Would you recommend to wait and apply for ILR in few months time (e.g. April 2017?)

        PS. It is a genuine pay rise so i am not worried about UKBA to cross check salary and also the company has already been verified by UKBA.

        • http://www.1stcontact.com/ 1st Contact

          Hi Lakhvir,

          It is advisable to await a period of time, and to ensure that your salary does not drop.

          • Lakhvir

            Ok. Thanks

  • Michael Hutchinson

    Hello, I moved to the UK on an ancestry visa in March 2009.
    I notice the 180 days per year is based on the visa start date. The longest in any 12 month period working from March to March each year was around 170 days between March 2011 and March 2012 (I was away for 200 days but it crossed March so 40 days were in the March 2012 to March 2013 period).
    However instead of applying for ILR when my visa was coming to an end, I renewed my ancestry visa in December 2013 for another five years.

    Does this mean I’m eligible for ILR now? Or do I have to wait until I have been here for five years on my second visa issued in December 2013?
    Even though it seems I was eligible for ILR based on my first visa (could I apply based on the time frames in the first visa?)

    • http://www.1stcontact.com/ 1st Contact

      Hi Michael, you may well be eligible to apply for your ILR now and would not be required to wait until your current Visa has expired before applying.

  • NY

    Hi,

    I came to the UK in 2005 as a student and plan to apply for ILR Long residence this year. During my study, my wife got a job as a doctor at NHS (she’s under dependent visa at that time). 5 days after my student visa had expired in October 2011, we went back to our country and applied for Tier 2 visa under my wife as the Hospital wanted to continue her employment. Unfortunately the entry clearance application had been refused as the hospital forgot to include the Resident Market Test on the sponsorship. The hospital then re-issued the sponsorship and we’ve successfully granted Tier 2 visa under my wife and returned to the UK. The gap between we left UK and we got the Tier 2 visa is around 90 days due to the first application had been refused. Does this consider broken the continuos lawfully residence in the UK? Anyway can I check this from UK Home Office?
    Thank you for your help.

    • http://www.1stcontact.com/ 1st Contact

      Hi, You will need to contact the UKVI on 03001232241

  • Mehul Thakkar

    Hi, i’m currently on a tier 2 visa and would qualify for the 10 year ILR in 2018, I am over the 540 days by 18 days and don’t plan on travelling anymore. How will this affect my application?
    Mehul

    • http://www.1stcontact.com/ 1st Contact

      Hi Mehul,
      Your application will not be successful unfortunately.

  • disqus_wDxZ6EHoyA

    Hi, I’ve been on a Tier 2 visa sponsored by a UK company for 2 years. I recently got married to a person sponsored by a different UK company (also Tier 2). Im thinking of moving to another company in the UK, but they can’t sponsor me on Tier 2, so I would apply for a spousal visa. If I do this, would I still be able to apply for ILR in 3 years (giving a total of 5 years here: 2 years Tier 2 + 3 years spousal visa)?

    Thanks

    • http://www.1stcontact.com/ 1st Contact

      Hi, Should you move to a spousal visa, your 5 year residency will begin again once the visa is issued.

  • Bamnini Joe

    Hi, I have a 5 year refugee status and eligible for ILR in October. I have a partner who has a child of her own and together we have a year old child. My partner has DLR (3year visa). Can I add her and the children on my ILR application in October?

    Another question linked to this is can I apply for naturalisation after a year of my ILR?

    Thank you in advance.

    • http://www.1stcontact.com/ 1st Contact

      Hi Bamnini,
      Unfortunately 1st Contact don’t offer advise on cases arising from refugee statue.

  • Malcolm Chua

    Hi – I am on a spousal visa which is valid for 2.5 years. During this time – how many days am I allowed to spend outside of the UK ? Is it 180 days per 12 month period ? Or is it 180 days total for the 2.5 years ?

    • http://www.1stcontact.com/ 1st Contact

      Hi Malcolm,
      180 days in a 12 month period.

      • Malcolm Chua

        Thanks

  • Laura

    Hi,

    I am currently filling in my application for ILR – I have had many holidays in the past 5 years – I have the dates I was out of the country for, but what evidence do I need for this?

    Do I need the letters from the employers detailing reasons for work-related absences?

    Thanks

  • Ram Daman

    Hi I want to ask I have to apply for ILR and have registered myself for marriage allowance. Does this tax allowance comes under the public funds for the purpose of ilr visa.

    • http://www.1stcontact.com/ 1st Contact

      Hi Ram,

      Any governments allowance will fall under public funds.

      • Ram Daman

        Thank you for your reply but my question is still not answered. would marriage allowance cause any problems to the visa application. As my visa says we cannot get public funds. However the allowances like maternity allowance and pension allowance are allowed and would not affect my visa. I cannot find amywhere if marriage allowance is allowed for ilr application or not.

        • http://www.1stcontact.com/ 1st Contact

          Hi Ram,

          When you refer to a marriage allowance, please could you provide further information about this, where do you claim this from and how much are you in receipt of, as well as how often do you receive this allowance.

          • Ram Daman

            Hi
            Marriage Allowance is an allowance given by HMRC as your normal allowance and lets you transfer £1,100 of your Personal Allowance to your husband, wife or civil partner – if they earn more than you.

            This reduces their tax by up to £220 in the tax year (6 April to 5 April the next year).

            To benefit as a couple, you (as the lower earner) must have an income of £11,000 or less.

            The conditions are that one partner earns less that the annual allowance of the tax yearly. And the second half earns not more than 40k in a year. The allowance is adjustable till 2015.

          • http://www.1stcontact.com/ 1st Contact

            Hi Ram,

            What visa do you currently hold?

          • Ram Daman

            My visa is tier 1 general

          • http://www.1stcontact.com/ 1st Contact

            Hi Ram,

            I would advise that you stop the allowance, as it may hinder your application for indefinite leave to remain.

  • Jan

    Hi my husband and I (both born and bred in the UK and all our ancestors are English) emigrated to South Africa in Sept 1980 and had a daughter there in Sept 1981 and went back to the UK in Dec 1981 for good, she has a British passport through her Dad, we then emigrated to NZ in 1996 and she had a child in 2005 to a New Zealander, he doesn’t see my Grandson and my Grandson doesn’t like him, I since married a New Zealander but me, my ex husband, daughter and grandson want to go back to the UK next year for good but my daughter was told she cannot get a British passport for our Grandson, I rang the British embassy in Wellington and was told to apply for a right of abode for him as a visa would cost money, can you tell me how to do that or is there any other thing we can do to get him in, When we land in May would he automatically get 3 months to stay there and could we apply there or is it better to apply from here.

    • http://www.1stcontact.com/ 1st Contact

      Hi Jan,

      Your grandchild may be eligible for Right of Abode, as you are based in NZ our offices in Melbourne would be the correct offices to assist you.

      Their web address is; ausoffice@1stcontact.com.au

  • Femi Sanya

    Hi, I was on T4 visa from 2006 to 2013. My T4 dependants joined me in 2008. I switched from T4 to T2 visa in 2013 with my dependants. I am considering applying for ILR next month via 10 year long residency (LR) rule. However, my dependants will only qualify via the LR route in 2018 – about the same time that we will all qualify for ILR via the T2 route. Can my T2 dependants remain on their present T2 Dependant visas (which runs till 2019) until 2018 when they qualify via the 10 year long residency / T2 route after I have switched to ILR via the 10 year long residency? Or do they have to apply alongside me as dependants when I apply for ILR?.
    Alternatively, should I wait until 2018 for all of us to apply together for ILR based on that we all qualify then via either the 10 year LR or the T2 route?
    I am aware that they do make (sometimes sudden) changes to existing rules from time to time, (e.g the scrapping of the T1 Post-Study Visa) and given I already qualify now for the LR route of the ILR, though my T2 visa and those of my dependants were only just extended in April for another three years, I am wondering whether there are any disadvantages or benefits to me applying or not applying for ILR now.

    Thanks.

  • John riz

    Hi there
    I’ve spent all my time on student visa or cases in the courts (mean to say no illegal stay )
    Few years bck got married to an EU citizen,
    This year i got 5years eea family members visa
    The question is that after 13 months i am approaching to the 10 years lawful stay in the UK so can i apply for ILR or have to wait for 5 years
    Kindly answer me
    Thx

    • http://www.1stcontact.com/ 1st Contact

      Hi John, you would be required to complete 5 years on your EU Residence Card before applying.

  • Liza Fimaier

    Hi,
    I am on the 5 years EEA Family member residence card which was granted in January 2012 ( I first entered the country in July 2011 via Family 6 month permit). My 5 years visa is expiring in Jan 2017 and I plan to apply for ILR in December. As my initial visa was received before July 2012, do I go through 2 years route instead of 5 years?

    Thanks!

    • http://www.1stcontact.com/ 1st Contact

      Hi Liza, you would be required to go through the 5 year route based on your 5 year residence card alone.

      • Liza Fimaier

        Thanks for your reply. Even though my visa was granted before July 2012?
        Also, I have read on the Home Office website, that those that go through 5 or 10 years route can only apply for ILR from June 2017. What should I then apply for when my visa exprires in January 2017?

        Thank you very much!

        • http://www.1stcontact.com/ 1st Contact

          Hi Liza, this would apply to a British Passport holding spouse and not European. You would be applying for Permanent Residence.

  • YingYing

    Hi, I am worried about Brexit. What are your thoughts/opinion about Brexit affecting immigration rules and application for ILR? Based on current rules, I would qualify for ILR application next May. Do you think this will change because of Brexit?

    • http://www.1stcontact.com/ 1st Contact

      Hi, It is not possible to advise on what may happen unfortunately.

  • Femi Sanya

    Hi, I was on T4 visa from 2006 to 2013. My T4 dependants joined me in
    2008. I switched from T4 to T2 visa in 2013 with my dependants. I am
    considering applying for ILR next month via 10 year long residency (LR)
    rule. However, my dependants will only qualify via the LR route in 2018 –
    about the same time that we will all qualify for ILR via the T2 route.
    Can my T2 dependants remain on their present T2 Dependant visas (which
    runs till 2019) until 2018 when they qualify via the 10 year long
    residency / T2 route after I have switched to ILR via the 10 year long
    residency? Or do they have to apply alongside me as dependants when I
    apply for ILR?

    • http://www.1stcontact.com/ 1st Contact

      Hi Femi,

      Your dependants will need to apply for settlements visas based on your ILR when you have received this.

      • Femi Sanya

        Thanks for your response.

        Do my dependants need to apply for the settlement visas immediately once I get my ILR, or can they still remain on their T2 Dependant visas for some time? If yes, how long realistically? Kindly advice.

        Given that I have just fairly recently extended my T2 visa and those of my dependants to 2019, I think the cost of another set of applications especially given the huge cost associated with it requires that I take some time to be ready for the financial requirements.

        • http://www.1stcontact.com/ 1st Contact

          Hi Femi, you will need to apply for settlement visas as soon as possible

  • Ana

    Hi there,
    I came to the UK in Sep 2007 as a student (tier4), in July 2011 got T1 Post Study work visa and got professional full time job since August 2011 but carried on with Tier 1 PSW, then in July 2013 the same employer sponsored me and I switched to Tier 2 (General) visa. I have been since then on tier 2 (general) continuosly living in the UK, no gaps in between.
    I got married last year with an EU National and I have sent my application to change my status to EU Spouse visa in July/16 (as I want to change of job)
    However reading this information I am doubting that perhaps I could have applied for ILR already? or should I wait until I complete 10 year in Sep 2017?
    Appreciate your advise.

    • http://www.1stcontact.com/ 1st Contact

      Hi Ana,

      It would be advisable to await until 2017.

      • Ana

        Thanks

  • Pam Cha

    Hi, I’m currently holding tier 2 visa and will be on secondment to France for a year. Will that affect my eligibility for ILR? I will still employed by the UK based company and pay income tax in the UK.

    With thanks.

    • http://www.1stcontact.com/ 1st Contact

      Hi Pam,
      This is effect your eligibility for ILR

  • Bus

    I applied for ILR on Feb 1st, 2016. I got a letter from HO on July 22nd to confirm whereabout of my child as I did not apply for him. we sent a letter from his GP, Health Record and Academic records on July 27th. No news from HO till date over 7 months now. Do I contact my MP?

  • Sathish

    Hi, I’m currently on appeal as I apply ILR 1year early I got refused and I’m on appeal waiting for my hearing date , today I complete my 10years. Should I withdraw my case and apply fresh application or should I go with appeal pls advice me, will they consider my appeal time as a leagal stay

  • Kara Towner-Larsen

    Hi,

    I’ve just resigned from company A (that has been sponsoring my visa for 5.5 years) to join company B. What kind of employer letter do I need to provide for my ILR application to prove my employment has been continuous for the past 5 years (with company A) and my employment is needed with company b? I believe it’s typically one letter, but since I’m switching companies, I’m not sure what I need.

    Thanks!
    Kara

    • http://www.1stcontact.com/ 1st Contact

      Hi Kara,

      A letter from your sponsors, stating that you are still required for the position and dates of employment. The letter should also state that your rate of pay was at the appropriate rate.

  • hemant bhavsar

    HI

    I have got my ILR recently and currently my wife is on my
    tier 1 dependent visa , so I have question Do I
    need to change my wife’s visa
    category immediately , as she has not
    completed 2 years of stay in UK and her current visa is still valid up to October 2017 ?

    Please advise me on the same.

    Thanks,

    Hemant

    • http://www.1stcontact.com/ 1st Contact

      Hi Hemant, your wife would now be required to apply for her UK spousal visa based on the fact that you now hold ILR.

      • hemant bhavsar

        Thanks a lot for your response .

  • Reza Mousavi

    Hi I came in the uk in 2006 but I forgot which date and month I entered to the Uk, the reason I asking this I’m applying for British nationality, can you please give me some advice’
    Thanks

    • http://www.1stcontact.com/ 1st Contact

      Hi Reza,

      You will first need to acquire indefinite leave to remain, based on 10 years long residency within the UK. Once you hold this status for a full 12 months you may then naturalise.

      • Reza Mousavi

        I have indefinite and I also have been resident for 10 years. I just want to find the deta and month I entered to the uk.
        I just need a advise how to find my entered date and month in the uk.
        Thanks

        • http://www.1stcontact.com/ 1st Contact

          Hi Reza,

          This should be stamped on your first visa you entered the UK on in your passport.

          • Reza Mousavi

            Hi, thanks for that but I didn’t come by visa or passport

  • Lee

    Hi. I am a British Citizen by decent, my dad was born in England, I am currently living in South Africa with my South African husband and 2 South African children. I would like to take my children to live in England but I need to prove my income is more than £24800 a year to be their sponsor. Can I bring them on a visitors visa and when in England I can apply for a job to be their sponsor and change their “child visitors visa” to “apply to remain with family” visa within the 6 months validity of their visitors visa. Is this allowed?

    • http://www.1stcontact.com/ 1st Contact

      Hi Lee,
      Yes you can apply for visit visas for your family, however is is not possible to apply for another type of visa from within the UK as a visitor. They will need to leave the UK in order to apply for the settlement visas.

      • Lee

        Thank you for your quick response. How long must the flow of the financially required moneys be going into my England bank account for to prove that I can be their sponsor? 1 month, 2 months or 6 months like the option of category C of the savings amount required. I would just need to know how long I would have to be without my children for.

        • http://www.1stcontact.com/ 1st Contact

          Due the complexity of the financial requirements, you will need to get in touch with one of our consultants, please feel free to email immigration@1stcontact.com

  • Avantika gosain

    Hi,
    I am currently on a Tier 2 General Visa and would qualify for ILR next year 2017.I have a doubt regarding the absence proof that I would be required to provide.
    I had a 22 days absence when I was switching jobs, I had quit my job and went on holidays to visit my family and joined the new job after the holidays. What kind of evidence do I have to provide for this?(I left my previous job only after I had gained Visa from the second job).

    Would this period be regarded as Lawful ? Can it impact my ILR application ?

    Many Thanks
    Avantika

    • http://www.1stcontact.com/ 1st Contact

      Hi Avantika,

      Provided you did not have a lapse in your visa validity dates, there should be no problem.

  • Sowmia Ravi

    My husband is eligible to apply for ILR in October. He is on a Tier 2 general visa and I am on a Tier 2 dependent. I came to UK on tier 2 dependent in march 2016 and my visa is valid until November 2017. Since my husband will be applying for ILR, should I converted to PBS dependent with him or can I wait until I near my visa expiry date. The reason for delaying is the cost involved in the application process as I have just acquired my tier 2 visa 6 months ago.

    Sowmia Ravi

    • http://www.1stcontact.com/ 1st Contact

      Hi Sowmia,

      You will need to apply for the PBS extension application.

      • Sowmia Ravi

        Thank you. I am travelling to India from November to January. Can I apply for PBS extension when I return? My tier 2 dependent visa is valid until November 2017.

        • http://www.1stcontact.com/ 1st Contact

          Hi Sowmia,

          The extension must be applied for soon after your husband gains his indefinite leave to remain.

  • Pearl

    Hi John, would appreciate your advice on my current situation.
    I came to UK in 2007 on student visa and would qualify for my 10 year residence in July 2017. I was out of UK for 195 days, from 15th July 2011 to 30 jan 2012. But the delay was due to my visa being rejected overseas, and passport damage, due to which I had to get a new passport and reapply for visa. Is this something which I can show to HO? Also I was then issued tourist visa from 30th Jan 2012 till July 2012, and I visited country for interview and exams, In April I went back to apply for out of country application for Tier 2 visa, returned to UK in June 2012 on same tourist visa, and continued to stay as my Tier 2 started from July 2012. Is there any chances of being issued ILR based on 15 days over 180 days, and will tourist visa count towards my 10 year stay as I got extension while being on tourist visa?

  • Jason

    Hi, I’m currently on tier 2 sponsored visa and would qualify for ILR in 1 year’s time. My partner overstayed her student visa and lived here illegally for several months. we had many application that were refused based on this reason. We understood the important of entry clearance and she later left the UK voluntarily (also paid her ticket fare) and went back to India. She stayed 5 months in India and moved to USA for her long awaited green card. It is now 1 year that she left UK, as we were told she will be banned for 1 year. Do you think she can apply for entry clearance again now? If yes what visa category is easier? She only want to visit as she cannot leave USA for more than 6 months a year on green card. Thanks.

    • http://www.1stcontact.com/ 1st Contact

      Hi Jason,
      You will need to call the UKVI on 0300 123 2241

      • Jason

        Do you think UKVI will provide any advise about that? They will most likely ask me to check their website. I thought you will have some input. Thanks.

  • Knowme_Rahul

    Hello, I have got ILR in November 2014 and returned to India in May 2015. Now i have got job in UK, so since i have not completed 2 years outside UK i am still eligible to go in November 2016?

    Also i have not applied for ILR for my faimly even they were eligible in November 2014 so;
    1> can i apply it now or have to wait 5 years after entry?
    2> If i am not able to apply ILR for family, which visa i should apply for entry?
    3> My daughter was born (June 2013) in UK, can i apply for citizenship directly?
    thank you in advance.

    • http://www.1stcontact.com/ 1st Contact

      Hi There,

      Yes your ILR will still be valid.

      Your family will need to wait for 5 years before applying for ILR and they will need to hold settlement visas based on your settled status. Your daughter would not be eligible for citizenship.

  • Emily

    Hi – I’ll be applying for ILR in Aug 2018 (through marriage – my husband is British). I’ve been confused by some of the language in the financial requirement section of the ILR application form. I’m on my second current FLR(M) spousal visa and my husband and I have been living in London together for over three years. I am employed at a university as a researcher and my husband is a teacher. My husband was considering leaving the teaching profession and taking up part-time work (which will likely be less than the £18,600 financial requirement).

    Will only his salary be counted in the financial requirement or will both of our salaries be counted? My job in the UK is over the £18,600 but his salary will possibly be less than this if he moves jobs.

    • http://www.1stcontact.com/ 1st Contact

      Hi Emily,

      As you currently reside in the UK, both your salaries can be combined to meet the minimum income threshold.

  • Victoria

    Hi, I have recently obtained a new Tier 4 visa valid until Jan 2018 from within the UK. I am looking to switch to an unmarried partner visa, can I switch from a tier 4 visa at any time now or does it have to be closer to my new visa expiry date?

    • http://www.1stcontact.com/ 1st Contact

      Hi Victoria,
      you may switch at any time.

  • Vinny

    Hello, I am a British citizen and wish to marry a refugee in the UK who was granted 5 years leave to remain in 2015. She does not have indefinite leave to remain.

    1) will I be allowed to marry her?
    2) if so, how soon will it take for her to become a UK citizen?
    3) she currently has a refugee travel document, how soon can she change this for a standard UK passport?

    • http://www.1stcontact.com/ 1st Contact

      Hi Vinny,
      1st Contact is not able to advise on cases where an applicant is holding refugee status.

  • Mahiku

    Hello, I will became eligible to apply for ILR on 23rd January 2017 based on 10 Years Long residency, 28 days before my first arrival(20 Feb 2007) into the UK. My visa dates are as below:

    First Student Visa Granted ::: 19th December 2006
    First Entry in UK (Student Visa) ::: 20 February 2007 – Valid until 31 December 2010
    Student Visa Extended ::: 16 December 2010 – Valid until 30 October 2011
    Tier 1 Post Study Work Visa ::: 02 December 2011 – Valid until 02 December 2013 (Application was submitted on 19th October 2011 – before expiry of student visa)
    Work Permit Tier 2 General ::: 16 September 2013 – Valid Unit 16 September 2016
    Renewed Work Permit Tier 2 General ::: 30 August 2016 -Valid Until 16 September 2019

    I am planning to apply through premium service appointment.

    I will attach following documents:

    – Completed Application Form + Payment
    – 2 Photos as per on their requirement
    – All of my passports (old + new)
    – Current Biometric card
    – University Degree to confirm my student status in UK (February 2007 – October 2011)
    – University Degree to confirm my English language requirement
    – Life in the UK letter
    – HR letter for my current Job (2012 – to date)
    – Payslips /P60 for the whole duration of my current Job
    – Cover letter (Total Time outside UK in 10 years (less than 70 days in total), No Criminal Convictions or traffic offence)

    As I will be submitting all of my passports, Do I need to submit any other document?

    – Subject Access Request (SAR) ?
    – Police Certificate?
    – Bank Statements?
    – Council Tax letters?
    – Bills (Water / Gas / Electric)?

    Thanks,

    Mahiku

    • http://www.1stcontact.com/ 1st Contact

      Hi Mahiku,
      1st Contact don’t offer a document checking service unfortunately.

      • Mahiku

        Thanks 1st Contact for your prompt confirmation. Cheers.

  • Andycris Green

    Reference to your statement earlier “Remember, if you are on a spousal visa, you cannot spend more than 180 days outside of the UK or your visa will become invalid.” is this within the duration of 30 months?

    Looking forward to your response.

    Cris

    • http://www.1stcontact.com/ 1st Contact

      180 days in a 12 month period

  • Valeriia Taylor

    Hi, I am currently on spouce visa and will be applying for renewal as it’s been over 2 years. Please could you confirm if I can use the same English test certificate which I’ve used for current visa as it doesn’t have an expiry date? I’m working in British company so obviously my English improved since that time. Thanks a lot!

    • http://www.1stcontact.com/ 1st Contact

      Hi Valeriia,

      Your initial English certificate will be fine to use again.

  • Nicola

    Hi there,
    I am a dependent on my partners ancestry visa. We are able to apply for ILR in November. We had a baby in May this year. Can our baby be included as a dependent on the ILR visa application despite the fact he is not currently a dependent on the ancestry visa?
    Thank you,
    Nicola

    • http://www.1stcontact.com/ 1st Contact

      Hi Nicola,

      Once you receive your ILR you may then apply to register your baby for citizenship. However this is if you have no travel plans.

      • Nicola

        Thank you. Just to confirm my partner only applies for ILR + 1 dependent (being me)? Which form would we then complete to add our child as a dependent? thanks.

        • http://www.1stcontact.com/ 1st Contact

          Hi Nicola,

          Once you hold ILR, you will then apply to register your child.

          1st Contacts Immigration team offer full representation in these cases, should you wish to get in touch please contact them directly on;
          immigration@1stcontact.com

  • Mary

    Hi,

    How many consecutive days can I spend out of the UK, when I am in the UK on a spouse settlement visa? I know that it’s 180 days in a 12 month period but is it 180 consecutive days or is there another rule for that?

    Thanks.

    • http://www.1stcontact.com/ 1st Contact

      You are able to spend a total of 180 days out of the UK in a 12 month period. It will not matter if these days are consecutive or days here and there.

      • Mary

        How is the year period defined? Is the year period from your visa start date or a calendar year?

        • http://www.1stcontact.com/ 1st Contact

          From the start of your visa.

  • Alimatu kamara

    Hi there. I have been refused to get my ILR, on the grounds that the English language certificate i present has expired . they gave me 2yrs live to remain. What I want to know is if I can apply before the 2yrs or wait closer to the expiry date.

    • http://www.1stcontact.com/ 1st Contact

      Hi Alimatu, I would suggest that you wait until closer to the expiry date.

  • Alimatu kamara

    I have a spouse visa which was given to me in Africa 2014. And again I want to know what to do and what not to do so I ll not get any problem during this time

    • http://www.1stcontact.com/ 1st Contact

      Hi Alimatu,

      You are permitted to work in the UK, in order to qualify for indefinite leave to remain at the end of the 5 years you must not spend more than 180 days out of the country in each 12 month period.

      • Alimatu kamara

        Thanks very much. God bless

      • Alimatu kamara

        What I really want to know again is , the money I paid for the ILR refundable? Cause they didn’t say anything about it instead they ask me to pay the NHS FEES which I did.

  • Anubhav Agarwal

    Hi – I am currently on Tier 2 (General) visa which was granted on 8 Mar 2016, but is short of 8 days for a full 5 year period. Can I apply for ILR without an extension? If I am eligible without an extension, when (which date) can I apply?

    Also, I am planning to visit my family outside the UK for 30 days next year (14 April 2017 to 13 May 2017) which would require 18 Paid Annual leaves, 3 Paid Bank holidays plus Saturdays and Sundays. This would be my first absence outside UK since the grant of my visa. Would this break the continuity in the continuous period requirement for ILR? If not, what evidence would I need?

    I am a bit confused with the guidelines in the official document which says that the absences should be in line with the sponsored employment. However, my absence would be a personal vacation and not connected with my employment. Also, it mentions about the Paid Annual leaves. Can a Tier 2 General migrant not take any Unpaid leaves for absences outside the UK?

    Looking forward to a reply as this is a crucial requirement.

    Many Thanks.

  • Nischal Basnet

    Hi, I am about to apply for ILR and have a child who was born here in the UK. However the child has previously traveled outside UK and re-entered on dependent visa. Do I need to apply ILR for the child as well knowing the child will be eligible for naturalisation as soon as I get my ILR ? Seems like additional £2,375 of fees for nothing on top of all the exorbitant fees I will be paying.

    • http://www.1stcontact.com/ 1st Contact

      Hi Nischal, as long as you have a British birth certificate for your child then the registration would be the way to go and not the ILR route.

  • saju

    hi

    what if my continuous stay break as because of previous visa refusal (I mean my visa was refused back in 2014 and then after all the appeal process i went to court of Appeal and again after the refusal from the court of appeal i have made another fresh application on flro which is pending now. Next month in October it will be completed as a 10yrs stay) if section 3c break down?

    Am i still able to get ILR on the basis of 10yrs stay in UK. I am planning to apply for ILR under the 10yrs long residency.

    what do you suggest?

  • ash

    i live in uk by 5years visa after married an eu wife . my visa expired a few months ago but because i separated my wife dont want to give me her documents to apply for indefinite leave to remain in the UK. so. i can apply for asylum because i am disable and i dont want back to my contry ?

    • http://www.1stcontact.com/ 1st Contact

      HI Ash,
      1st Contact don’t assist Asylum applications.

      • ash

        so what i have to do to stay in uk?

  • Mahiku

    Hi,

    I will became eligible to apply for ILR on 23rd January 2017 based on 10 Years Long residency, 28 days before my first arrival (20 Feb 2007) into the UK. I am planning to apply through premium service appointment.

    At the moment, I am on Tier 2 (sponsored) and my wife is on PBS dependent visa. Our current Tier 2 visa is valid until September 2019.

    If I apply for ILR (long residency) in January 2017 and if approved, what will be its impact on my partner’s current PBS dependent visa?

    – Is my partner’s time spent with me as my partner going to be reset to 0 from the day I get my long residency ILR?
    – Is the dependent visa still valid until September 2019?
    – When can I apply for my partner’s ILR?
    – After ILR, If I switch my job (employer), can my partner still stay on same PBS dependent visa?

    If I don’t apply for long residency ILR, the I will need to wait for 2 years (September 2018) to apply for ILR based on Tier 2 (5 years) route. I don’t want to wait for long.

    Please suggest.

    Thanks,
    Mahiku

    • http://www.1stcontact.com/ 1st Contact

      Hi Mahiku,
      Please email us on immigration@1stcontact.com

      • basak

        I am really same situation with Mahiku, Could you please advice what will happen my dependant when i apply to 0 Years Long residency.

        • http://www.1stcontact.com/ 1st Contact

          Hi Basak, in this case your dependent would need to apply for their Settlement visa based on you holding ILR

          • basak

            He is not eligible to apply settlement visa yet..I am planning to apply Indefinite Leave to Remain (long Resident) in October with Premier Service and my dependent is planning to apply FL (M) end of October even his current visa run out in April 2017 (Dependent of Turkish Worker).Do you think will be ok?

    • basak

      Hi Mahiku,

      We are in same situation. I have dependent which he came to uk 16.08.2015.Did you get the answer you looking for your dependent. Could you please let me know as well. When i apply for 10 year Long residency , which visa my dependent will apply for?

      • Mahiku

        Basak – The only option is to apply with FLR(M) for your partner. Once you get your ILR (10 long residency), you will need to apply for your partner based on FLR(M) – 5 years route.
        First FLR(M) will be for 2.5 years. After 2.5 years, you will need to apply for extension (2.5 years again). After completing 5 years, your wife will be eligible for ILR.

        For FLR(M), you will also need to pay IHS (£500 for first 2.5 years and £500 again for extension).

        • basak

          Thanks for Reply.

  • Jade

    Hi 1st contact! Your expertise on some quick questions would be much appreciated because I can’t seem to get clarity on these anywhere! I am applying for ILR this Dec, after having been on a Tier 2 visa for the past 5 years. I have had a lot of travel for work over the past 2 years, but have been ensuring I do not exceed 180 days outside the country in each 12 month period. Can I check with you:
    a) that work-related travel is still counted as part of the 180 days allowable per 12 month period, or are they flexible with this if it is for work?
    b) how the days are specifically counted? If I leave the UK on a flight at 10pm or arrive back in the UK at say 6am, are these days counted as ‘days out’ or ‘in’ because this is the date of travel?
    Many thanks!
    Jade

    • http://www.1stcontact.com/ 1st Contact

      Hi Jade, work related travel would still be regarded as time spent out of the UK. Days travelling are not counted as days out of the UK.

      • Jade

        Thanks so much! So if I flew out on Aug 1st and returned on Aug 5th, they would only count it as 3 days out of the UK?! Much appreciated,
        J.

        • http://www.1stcontact.com/ 1st Contact

          Hi Jade, that would be correct.

  • Ope

    I have a Tier 2 General Visa which started in October 2013 and expires in October 2019. I am eligible for ILR in October 2018 however my wife is only eligible in April 2019 as her initial Tier 2 PBS Dependant visa was approved in April 2014. Firstly, is it advisable for me to wait till April 2019 when she will also become eligible to apply for ILR? Secondly, my child is currently a Tier 2 PBS dependant. As soon as my/our ILR application is approved, the child will be eligible to register as a British citizen because the child was born in the UK in 2015. Can I exclude the child from the ILR application?
    Many thanks.

  • milz

    Hi
    Thanks for the information.
    I have been working full time in one company in UK for 5 years (the first 1.5 years with Tier 1 PSW (Post Study Work) and the next 3.5 years with Tier 2 (General) visa. Am I eligible for applying for ILR
    Many thanks.

    • http://www.1stcontact.com/ 1st Contact

      Hi Milz, you will need to have completed 5 years on your Tier 2 General Visa alone before applying for your ILR.

  • Swamy AM

    Hi,

    Have a query regarding my ILR application.

    I came to UK in Sep 2010 on Tier 1(General) Visa. Then from march 2012 to May 2013 was away from UK. Now I have completed 5 years but my continuous period has broken. Can I apply ILR in Dec 2017( by making sure absence is not more than 180 days)? or the 5 year period would count only from the date of re-entry after the absence?
    Thanks
    -Swamy

    • http://www.1stcontact.com/ 1st Contact

      Hi Swanny,
      As you broken the 180 day rule, you are not able to apply for ILR, your 5 year residency will begin from May 2013.

      • Swamy AM

        Thanks for the info!

  • Alimatu kamara

    Hi there. Pls can I know which ielts exam I Should take to apply for my ILR.caus am seeing A1.A2 and B1

    • http://www.1stcontact.com/ 1st Contact

      Hi Alimatu,

      You will need to confirm this with the British council, herewith the link below.
      http://www.britishcouncil.org.za/

  • Alimatu kamara

    Hi.if they didn’t give someone ILR but they give 2yrs live to remain will the remaining fee be refundable?

    • http://www.1stcontact.com/ 1st Contact

      Hi Alimatu,

      Unfortunately the balance will not be refunded.

  • Mahmud

    Hello
    I am living in uk under Tier 1 enterpreuner visa.
    My elder son is my dependent .

    His 1st Entry was as Tier 4 Dependent of his Mother From 04/10/2009 to 30/04/2011 and Entry to uk was 09/10/2011.

    He went back to home country along with his mom for Re-entry clearance under as a dependent of Father. He was out of visa for less than 90 days from 01/05/2011 till 06/07/2011 .
    He got his 2nd Entry clearance as a PSW dependent of me 07/07/2011 till 08/02/2013 Entry in uk 24/07/013.Now he is under Tier 1 Entrepreneur Dependent 07/05/2013 to 07/05/2016
    Applied for further extension.

    could you please tell me,is my son eligible for ILR under 7 years rule of child?Please bear in mind he was out of visa for 90 days because to apply for reentry clearance in 2011.

    Thanks in Advance
    Regards

    Mahmud

  • Broy

    I got married in the summer of 2012 here in the UK and didn’t get my leave to remain until January of 2014. I am really confused about the 5 year route program, will I be eligible for an indefinite leave of stay next year (counting from when I got married) or in 2019 (counting from the year I got my leave to remain) Hope to hear from you soon. Yours sincerely

    • http://www.1stcontact.com/ 1st Contact

      Hi Broy, you would become eligible one you have completed 5 years of residence on your spousal visa alone.

  • Isik

    Hi , I will apply for ILR via 10 years residency route. But I have been out of country for 189 days for personal reasons. at last 12 months. But it wasn’t at one time. I was out for 95 days at one time , then I came back to UK for one month then went back to different country for 60 days , then came back and went back that was up to 189 days on total in last 12 months. Could you please clarify me if I can still apply for ILR ? Being outside of UK in different times for 189 days in total at last 12 months do break the continues period ? Thanks

    • http://www.1stcontact.com/ 1st Contact

      As you have been outside of the UK for longer than 180 days in a 12 month period you will be eligible.

      • Isik

        The way you have structured the statement looks it will end negative mean . But actually you say I am eligible to apply. I have seen some information in home office page that says I have to count the days I have been out for 12 months back from the date I apply for ILR and it must not exceed 180 days . In reference to this information , I raised my question. It is not at one time 189 days but it is still more than 180 days in last 12 months back from the application date. Do you know any kind of rule ?

  • Courtney

    My Visa expires one month before my 5 years of living here. When do I apply? 28 days before my expiry date or 28 days before my 5 years of living here?

    Also is 28 days before the earliest I can apply?

    • http://www.1stcontact.com/ 1st Contact

      Hi Courtney, you will need to apply 28 days before your visa expires, however you would not have been in the UK for 5 years, so you will need to extend your visa before applying for ILR.

  • Chris

    Hi,
    Could you please tell me if I have to show any ties within the UK when I will be applying for ILR in September 2017 based on 10 years long term residency?I am single and I do not have any relatives here.Is this something I need to prove to UKBA?If so,how can I do it please?
    Please let me know kindly.

    • http://www.1stcontact.com/ 1st Contact

      Hi Chris,
      You will not need to show this

      • Chris

        Thanks a lot for the quick and clear response.Much appreciate.

  • Dmitry Meltsov

    Hi 1st Contact Team,

    I am on dependant visa right now and transiting to FLR(M). The nature of my work assumes frequent business trips outside of UK and I wonder if there is a quota on the days outside of UK under the FLR(M) – 5 years – route to ILR?

    This is not stated anywhere in the documents explicitly and I have only seen the statement of “a continuous period of 60 months (5 years) in the UK with limited leave as a partner”.. The question is how big is the limitation and how many days can I spend outside of UK to qualify for ILR in 5 yrs time?

    Thanks,
    D

    • http://www.1stcontact.com/ 1st Contact

      You will need to show that you have not been outside of the UK for longer than 180 days in a 12 month period.

  • Nirajan KC

    Hi- I am planning to visit Greece for 7-9 days and then to Nepal for 28 days on July 2017. I am considering to apply for my ILR on 2018. Would this time frame affect my ILR application? and can I return back to the UK from my holidays as I am currently on my dad’s dependant visa?
    Than you for your help.

    • http://www.1stcontact.com/ 1st Contact

      Hi Niraja, yes you would have the ability to re enter as long as your visa is valid upon re entry, this sort of period of travel should also not have a negative effect on your ILR application.

  • Special 3

    Hi
    I applied for ILR through premium service after completing my 6 years of discretionary leaves as I’m married here with British woman and have 2 kids.
    4 weeks earlier I was arrested for fraud by False representation and bailed after interviewed and told to come back in December.
    I mentioned this in my application form that I was arrested but not charged yet and waiting for further enquiries.
    Now home office hold my application untill outcome of my case even though they told me it’s valid and met all points but because of pending police case it’s on hold.
    My question is what could happen to my application as I paid for ILR Application and if I will charged I believe they won’t allow me ILR but may be Further extension for 3 years. Or will they just refused it and will tell me to make another application for further extension??
    And if they allow FLR instead of ILR Would they refund the rest fee or they won’t ???

    • http://www.1stcontact.com/ 1st Contact

      HI, 1st Contact are not able to advise on your case, you will need to get in touch with a immigration solicitor

  • Dan

    Hi Roderick

    I’m applying for ILR. I’m applying through my grandfathers lineage . I have my parents birth certificate stating my grandfathers name (British) and my grandmothers names (South African) on the document. So I wanted to ask do I need my grandparents marriage certificate as well?

    Thank you

    • http://www.1stcontact.com/ 1st Contact

      Hi Dan,

      It is best that you email our team on immigration@1stcontact.com as it is best to asses your case in full before advising.

  • Ali

    hi,i came to UK 01/05/2006 with student visa,then i left the the UK for 6 months and back to UK on 21/11/2006,that time i have still valid visa.after then till today i was legally all the time in this country.can i apply ILR 10 years long resident?after my big gap in 2006,i have already here 10 years.i am so confuse . please help

  • Chinna

    Hi 1st Contact Team,
    I was stayed 182 days out of the country when i was on work permit visa.
    actually my trip is 3 months only, unfortunately i postponed my travel date to another 3 months.
    this period all together comes to 182 days stayed out of UK.
    so my question is am i eligible for 10 years long residence.
    can i manage those 2 days with any documents.

    Very urgent and immediate response please.
    Thank You

    • http://www.1stcontact.com/ 1st Contact

      Hi Chinna, this time spent out of the Country would not make you eligible for the 10 year ILR route.

      • Chinna

        went to india on 24 jul 2012 and came back to uk on 21 jan 2013.
        if i count travelling dates also it comes to 182 days.
        if i dont count stamping dates it comes to 180 days.
        i have valid visa at that time.
        so please help me out with this.
        Thank you.

      • Chinna

        will they count travelling dates also when going to 10 years route.
        what is maximum i can stay out of country at one period.

  • mith zooilu

    HI
    I am in UK on Tier 2 ICT long term visa since 2013(its been 3 years now). i am marrying a British citizen now.
    Now the ILR application says that you need to be in a marriage for 5 years to be eligible for ILR,
    will this time frame include my 3 years of ICT visa i.e. ca i get the ILR after 2 years of marriage because in total i am in UK for years .

    If not then do i need to wait for another 5 years on Dependent visa to get the ILR.

    Thanks for your support

  • Dan Tennant

    Hi Roderick

    I’m applying for ILR through my UK Ancestry and I wanted to know if I need a specific amount of money in my account when providing 3 months bank statements?

    Many thanks

    • http://www.1stcontact.com/ 1st Contact

      Hi Dan, there is no set maintenance fund requirement but we suggest between £1200 – £1600 available at the time of application.

  • darren ting

    Hi, I have been successful on my IRL application on 3rd September, but i have not received my IRL yet, it has been a month. I have not received any postal card letting me know who to contact either. I tried contacting the home office through the online contact form twice but have not heard from them at all. Has anybody experienced something similar before?

    • http://www.1stcontact.com/ 1st Contact

      Hi Darren, if you applied for your ILR using the postal service then this can take up to 6 months before being received.

      • darren ting

        Thank you for your reply. I applied in person at the premium service centre and now just waiting for the BRP to be returned to me. I’ve reported via BRP online website three times but still have no reply from them. I would be grateful if you have any suggestion. Thank you.

  • Yoshi

    Hi, I would very much appreciate a response. My brother used a premium service to apply for ILR. However, he was refused because unfortunately he took the wrong English exam(a disastrous and costly mistake!) now, he waived the right for admin review because it will matter in our point of view, he failed to submit the right requirement. He has less than five days before his visa expires, retaking the English exam would mean waiting for 3-7 days before the certificate arrives. His visa will then be expired from that time. However, accdg to the immigration officer from the premium service centre, he can still apply 28days after his visa expires. Is this true? We don’t want to waste anymore money if it’s going to get refused again because this time, he applied after his visa expired. Many many thanks.

    • http://www.1stcontact.com/ 1st Contact

      Hi Yoshi, yes there is a 28 day grace period after a visa has expired in order to apply for ILR.

  • Kel

    Hi I need some advice!

    My husband came here when he was a child from Iraq, he has quite a lengthy name on his birth certificate. When they came over, (for some reason), their name was changed to become shorter and all docs were in new shorter name, including, when they got it- the Indefinite Leave to Remain Card. Now he has idefinite leave to remain in one name, and birth certificate in another, and he wants to apply for Iraq Passport, how is best to proceed? Can we get the name on the ILR changed? How does this work?

  • Nafi

    Hi there,

    i am have been living Uk more than 12 years. But I got residence permit of 5 years 2011 as family of an eea national. My application for residence permit was refused because I forgot to give my wife’s papers related to her education. When she was doing her degree she was unemployed for a year to focus on her studies. Whilst during her unemployment she did not have comprehensive insurance. The reasons for refusal were not providing papers related to her studies,student finance papers and comprehensive insurance papers when unemployed. What are the ways around to my permanent residence with my case. Your advise will be highly appreciated

    • http://www.1stcontact.com/ 1st Contact

      HI Nafi,
      1st Contact don’t assist with refusals unfortunately.

  • Yulia Bilokur

    Hello,
    I am applying for ILR by using the form SET (O). Could you please kindly help to clarify the following questions?
    1. I am applying at a premium service centre and already paid fees for the visa application. Do I still need to complete the section “Payment Details: SET(O)” on the page 7 of SET (O) Form?
    2. Do I need to complete question 6.11 “Please give the dates of any absences spent outside of the Crown dependencies and the UK” of the Section 6 “Immigration history”, if I have already listed all absences from UK in the question 6.2?
    3. I am applying for ILR from TIER 2 (General) and I don’t need to complete the section 9. Could I remove the pages from the printed form when submitting it?
    4. As per the section “12P Tier 2 migrant” – there is the following document requirement in the checklist: “For the period before you were granted leave as a Tier 2 migrant, documents showing that you met the relevant requirements of the immigration rules.” Could you please kindly clarify what are these documents?
    5. My sponsor/company changed its name due to recent acquisition. Do I need to supply any documents proving this?

    Many thanks for your help.

    • http://www.1stcontact.com/ 1st Contact

      Hi Yulia,
      Unfortunately, 1st Contact is not able to advise on how to complete the forms.

      • Yulia Bilokur

        thanks for the confirmation

  • cristianx

    I’ll be 5 years in the UK in January. I plan to return to my home country around same time but wanted to explore if my children are eligible for UK passport as they were both born here. Do I have to settle first?

    • http://www.1stcontact.com/ 1st Contact

      Hi, you would be required to gain your permanent residence before your children become eligible for Citizenship.

  • Carmen Rad

    Hi 1st Contact i just have a few questions please. we are from Romania lived in uk from april 2011 and applied for ILR in may this year and still haven”t got an answer, do you have any idea how long is taken them and can it still be refused? Also i am pregnant and our baby is due in April next year 2017 can i register the baby as british or not? thank you. Regards Carmen

  • Femi

    I intend to apply for ILR having technically had tier 2 status for over 5 yrs however I had a break in employment within this period (about 6 months between yr 3/4) whilst I was waiting for a decision on my 10yr ILR application. This was refused as I was over the 540 day limit. I now intend to reapply under the 5yr route (under Tier 2). I wonder if this break is fatal.?

  • BARBARA CHOWDHURY

    Hi Team,

    I am Polish but got British passport couple of months ago. My husband who is from Bangladesh has got 5 years residence card through me as a family member of an EEA national. My question is now since I am an British citizen, is there anyway to fast track him getting a British passport? Many thanks in advance

    • http://www.1stcontact.com/ 1st Contact

      Hi Barbara, unfortunately there is no way to fast track this based on you now being a British Passport holder.

  • Yulia Bilokur

    Hello,

    I am currently on visa Tier 2 (General) visa and applying for ILR. Could I please getan advise for the following questions?
    – My company has changed the name, which documents I need to include to prove this.
    – I was out of the UK on holidays that is not related to work, does my employer still need to provide a confirmation letter of my absences?

    Many thanks,
    Iuliia

    • http://www.1stcontact.com/ 1st Contact

      Hi Yulia,
      1st Contact don’t offer advice on documentation needed for the application.

  • Nina

    Hi there,
    I am married to a British citizen, but we both reside outside of the UK and EU. We got married outside of the UK/EU. What are the rules and regulations of applying for the British residency for me in these circumstances? Do the years spent living abroad and being married count towards residency status? Also, if we plan to move back to the UK I will have to obtain spouse visa or are there any other routes?

    Thanks!

    • http://www.1stcontact.com/ 1st Contact

      Hi Nina, You will need to be in the UK in order to apply for residency, your time outside the UK will not count. You will need to apply for a Spousal visa

  • MeenX

    Hi Team 1st Contact, I am about switching from Tier 1 Entrepreneur to Tier 2 General visa. I have got 3 kids all born and registered here in UK; 2 of them are currently my dependents under the Tier 1 Visa and the 3rd is just a few weeks old. It will be wonderful if you are able to help me answer these questions (are my assumptions correct?):
    1. That 2 years into my Tier 2 visa (in 2019), I can apply for ILR having spent about 3 years on the Tier 1 Entrepreneur (2014 to 2017).
    2. That when applying for ILR in 2019, I can combine my wife’s and my income to meet the £37k threshold for that year. Alternatively, I can combine my salary with some earnings from my small business to meet that threshold.
    3. That because all 3 of my kids were born in the UK, I can choose not to include them as my dependents when applying for the Tier 2 visa I am imminently submitting. My calculation is that they will get their citizenship once my future ILR application is successful. I have no intention to travel with them outside UK while on the Tier 2 so I assume it shouldn’t be an issue. (Please bear in mind that I didn’t include my first kid as a dependent when applying for my Post Study Work Visa in 2012 even though she was born in 2011. I subsequently included her and her brother as dependents on my Tier 1 application).

    Apologies it’s a bit long but I wanted to be sure you got the right info in order to answer accordingly. Thanks for a wonderful free service.

  • Waqar Ali

    Hi,
    I recently switched to ILR (long residence) from Tier 2. My spouse is till on the Tier 2 dependent visa (valid till 2018). I wanted to know if she can stay on the Tier 2 dependent visa and travel to and from the UK? Or does the Tier 2 dependent visa become invalid as soon as I switched to ILR and she must switch to FLR(M) before she can travel to and from the UK? Thanks

    • http://www.1stcontact.com/ 1st Contact

      Hi Waqar,

      Your wife will now need to apply for a settlement visa based on your settled status.

  • frederik du plessis

    I can’t find work to pay for a BRP with out a BRP.. what can I do?

    ILR granted march 2002, wasn’t aware of BRP until may of this year have no savings, no clue what to do. I have a NI number, have previously worked as recent as last year (2015) and had no issues.

  • Pat

    Hello, I have been living in the UK since I was 3 years old, (we moved into the UK either 2003/2004 or even 2005, (i was born on 19th march 2001). Now, both of my parents lived a little bit in the UK before that, not for long though but they worked, had a home etc. Now, I’ve practically grew up in the UK since the age of 3/4, I’ve never left the UK for more than 90 days in a year, (I do go to holidays to poland for like 2 weeks or so, but that’s MAX). I go to school, my parents work, we have a home, etc. I was wondering if I have british citizenship? Or are am I at least qualified for it? Because if not I want to get english citizenship asap so that I can be qualified as one. Thanks.

  • Colyn

    I will be applying for ILR this November 2016 as it is my 5th year this year. My son, 8 years old, came to the UK last Dec 2015. Can I include him for this Nov 2016 ILR application as a dependent even if he is not here in UK for 5 years? Many thanks

    • http://www.1stcontact.com/ 1st Contact

      Hi Colyn, Once you have ILR, your son will need to apply for a settlement visa.

  • phobe

    I got married dec 2014 and my partner was on a tier 2 general visa so I am currently on tier 2 dependant visa. My partner got his ILR Oct 2016 through the 10year route long stay. I am about to change my visa to dependant of family. When will I qualify for my settlement visa? Will it be 5 years from 2014 (ie 2019) when we got married or 5 years from 2016 (ie 2021) when I switched to dependant ILR?

  • Sabz

    Hi
    My husband will be applying to renew his visa on november 4th 2016. He has been in the UK for 2.5 years since April 2014. We meet all the financial requirments however He has been given an offer for a new job paying higher in his current job which is due to commence on 7th November 2016. Will this impact his application for renewal?
    Many thanks

  • Larissa Sena

    Hi,
    My husband and I applied for ILR via 5y route on tier 2 visa (General+PBS dependant) on the 8th of August 2016. Our Tier 2 visas were due to expire on the 14th of September 2016. Towards the end of September we decided to upgrade for PEO service. An appointment was booked for the 26th of September. We went to Liverpool PEO where my husband was granted his ILR but mine was refused because I hadn’t a valid IELTS (My valid IELTS had been submitted previously as part of our TIer2 extension application. So, we sent our IELTS – my husband’s and mine were both expired. But we’re told that at the time of this application for extension they’re not required to check my language skills. So it was ignored. Anyway the caseworker advised me to sit the test asap and to reapply with a fresh SETO within the grace period. She even said to do not bother trying a date in Croydon as they’re really busy and that at Liverpool they always have available dates. My question is: Am I really eligible to use the PEO service? I called the HO but they don’t seem to agree among themselves as you get different answers for as many times you call. The lawyers I contacted also have divergent opinions. Some say yes, some no. I’m really lost and would appreciate some accurate advise!

  • Shri

    Hi, I am applying for ILR in Nov 2016, My Tier 2 general visa is valid from 5th Dec 2011, but entered UK on 16th Jan 2012 around 6 weeks later, will my stay be counted from 16 Jan or 5th December ie when the visa was valid. And can I apply 28 days before 5th Dec as per the rule.
    Regards,

    • http://www.1stcontact.com/ 1st Contact

      You may apply 28 days before your visa expires.

      • Shri

        As its tier 2 visa which is 3 years + 3 years so expires in December 2017, but my 5 years are completed as per the visa stamping on 5th December.

      • Shri

        as my Tier 2 visa is 3 years + 3 years so its valid until December 2017, but my 5 years will be completed on 5th Dec as per the visa stamping. So can I apply for ILR in mid November, though I entered UK 6 weeks later.

  • Santosh Kumar

    Hi,
    My ILR is due in March 2017. Question i have is for my dependents (wife and a kid).

    Their Tier 1 dependent visa was stamped on 28th Nov 2012
    They landed in UK on 7th Dec 2012.
    They are in UK till date and their current visa is expiring on 28 Sep 2017.
    Their 5 years will complete on 7th Dec 2017 but visa is expiring by 28th Sep 2017.

    I was wondering when can I apply for dependent ILR? do I need to go to a renewal in Sep 2017 to cover their gap until 7th Dec 2017 (2 months and 10 days)

    As per the immigration rule, I can apply 28 days in advance then the gap of 2 months and 10 will come down to 34 days. In this case applying by post is a good or risky business ?

    TA

  • Jenny

    I have just read two of your posts about ILR that contradict themselves. In one post it is stated that the maximum amount of time that you are allowed to be out of the UK for (whilst on a spouse visa) during the five years is 450 days and in another post it is stated that it is 180 days. Which of these is correct?

    • http://www.1stcontact.com/ 1st Contact

      Hi Jenny, the 180 days would apply to ILR and the 450 days would apply to Naturalisation.

  • Shuva

    Hi I am on a Uk spouse visa and my visa expires in April 2017 I would like to know if I could apply for the visa extension now because I have all the documents ready in hand ? What are are possibilities for this ?

    • http://www.1stcontact.com/ 1st Contact

      Hi Shuva,

      yes you may apply

  • ng

    Hello 1st Contact team,
    I’m wondering whether you can give some advise. I’ve been in UK for over 8years and that’s the combination of being under these categories Tier 4, PSW and now Tier 2 (general). Can I apply for ILR at this stage? Under Tier 2 (General) I have completed 4 years.
    I’ve been hearing different things so will be great to get the confirmation regarding this.
    Thanks

    • http://www.1stcontact.com/ 1st Contact

      Hi, you will need to be on the same visa for 5 years.

  • Waqar Ali

    Hi – My wife will be applying for FLR(M) as my dependant (I am on ILR). I am confused about the evidence for financial requirement. I can find nowhere in the guidance notes as to what is actually required: Bank statements (showing salary), if so how many months? Or letter from employer confirming salary? Or both? The form and guidance notes are frustratingly unclear as to what is the actual documentation required to satisfy the income requirement. Thanks.

    • http://www.1stcontact.com/ 1st Contact

      Hi Waqar, unfortunately 1st Contact don’t offer advise on the documentation needed to complete an application.

  • Fikky

    Hi I have a payslip from my sponsor from January to August 2016 but I am applying for the visa this October are the payslips still valid?

  • Fikky

    Hi I have a payslip from my sponsor from January to August 2016 but I am applying for the visa this October are the payslips still valid? Because I stay very far from home so they had to use courier to send them and also I had to settle down in my new environment

    • http://www.1stcontact.com/ 1st Contact

      Hi Fikky,
      1st Contact are not able to advise on the documents requirements on such forums, you will need to get in touch with us directly.

  • Amina

    Hi can I apply for ILR if I’ve been in the uk for 20 years unlawful?

  • Muhammad Saandil

    Hi
    I came in the UK on a tier4 visa and switched to a tier4 dependant my application was refused as my husband education level didnt not meet the criteria and got right to appeal we appealed against the decision on a human rights application under article 8. The judge sent my case to ukba for reconsideration as a fresh application but got refusal again. case was in the european courts for almost three years and after that i got my visa as a tier4 dependant.
    During the time of appeal for the visa i have been staying legally and lawfully in the UK.i have been living in this country lawfully altogether for ten years now. And my husband is here for seven years. Our child is 5 years old as well. Can i apply for an ILR on long residence base ?

    • http://www.1stcontact.com/ 1st Contact

      Hi Muhammad,
      It is best advised that you get in touch with an immigration solicitor.

  • Blaise Costa

    Hi,
    Very good blog and well superb helpful.

    Maybe you already answered this question but its important for me. Its almost 8 and half years for me in Tier 4 and post study work visa. Now My visa is finishing soon but i like to continue for ILR. I know its 10 years continue stay only can help me.

    What i heard that If i go back to my country and come back with in 6 months my 10 years continue will eligible for me ?!!

    Is it true? Please let me know. Thanks in advance

    • http://www.1stcontact.com/ 1st Contact

      Hi, unfortunately this time outside of the UK would make you ineligible to apply for ILR on the 10 years route.

  • Asma Sarwar

    Hi, i got my tier2 visa in dec 2011. But in july 2016 i lost my job. Did not get any letter from home office about the time limit. I got a new job now but unable to make a new tier 2 application as didnt get SoC from home office yet. Wanted to ask that if it did not came by next month then is it possible to make an application for ILR or not?

    • http://www.1stcontact.com/ 1st Contact

      Hi Asma,
      It is not possible to apply for ILR if you are not in employment with a sponsor.

  • Asma Sarwar

    Hi, i got my tier2 visa in dec 2011. But in july 2016 i lost my job. Did not get any letter from home office about the time limit. I got a new job now but unable to make a new tier 2 application as didnt get SoC from home office yet. Wanted to ask that if it did not came by next month then is it possible to make an application for ILR or not?

  • hiya

    hi i had apply for entrepreneur and its been refused twice and i got the appeal both time and it was mentionin my 2nd appeal as well, that i m on my previous status which was psw and i have 3c and right to work and can change it to anyother category any time, now i am in uk for 10 years, can i apply for ILR

  • Lila

    I am going to apply for FLR(M) as my husband recently got ILR
    I read in the application form and did not understand what does it mean
    • Family life as the partner of a person present and settled in the UK (2 year route)
    • Family life as the partner of a person present and settled in the UK (5 year route)

    Could you please clear it what is the deference, what should I do?
    Many thanks
    Lila

    • http://www.1stcontact.com/ 1st Contact

      Hi Lila, this is something which our casework division would assist in clarifying when preparing an application.

  • Gary Wheeler

    Hi Roderick My name is Gary. I am hoping you may be able to help me. I made a 3 year Discretionary Leave to Remain (DL) application to the Home Office for my mother to come to the UK as my parent dependent in 2011, The DL application was approved for three years on 01 May 2012.

    I applied for a three year DL extension in 2015 and this was approved 21 May 2015.
    Given my mother will have lived in the UK for 6 years under DL to remain approved visas I am preparing the documentation I will need to apply for her Indefinite Leave to Remain (ILR) in the UK (Settlement).

    I have looked at the UK.GOV website trying to find out which visa application form I should use. The SET(O) ILR Form does not seem to be suited to my mother’s circumstances. To use this form, I would have to apply under OTHER uses for this Form.

    Can you provide any advice or guidance with respect to which Form should use to apply for my mother’s Settlement Application?

    I sincerely appreciate your time and assistance and look forward to hearing from you.

    Kind Regards
    Gary
    07580330168
    whelergs@yahoo.com

    • http://www.1stcontact.com/ 1st Contact

      Hi Gary, unfortunately as this was granted under a discretionary basis it is not an application which our agency is able to advise on and I would suggest that you get in touch with a solicitor for further guidance on this particular application.

  • KM

    Hi – I’m so confused…

    I am British and am in the process of helping my husband apply for FLRM (his visa is almost up – got to be renewed mid-november). First time round, everything was easy as I had full time employment and savings over the threshold, plus own my home and a rental property (both of which I still have).
    This time my circumstances are different. I have been off on Maternity leave, which preceded sick leave, so in essence I’ve been off work since March 2015. Maternity leave of 1 yr, ended in July. At this point I resigned from my job, so have not returned.
    I am currently looking to secure freelance work within my profession, which may or may not come through by the time the application is posted off.

    A few questions:

    1) Will me being currently unemployed render us disqualified from the process? I didn’t leave my role willingly

    2) As I had been on maternity leave (prior to resigning), which followed a couple of months of sick leave, can I use my income before that, to satisfy the income threshold? The forms seem to imply this…

    3) I have not had any recourse to public funds at all (using our savings to cover our outgoings)

    4) Given my circumstances, can I supply bank statements for the last 24 months (showing employment & rental income), to verify my overall income?

    My husband works (albeit on a very conservative wage).

    Thanks in advance! :-)

    • http://www.1stcontact.com/ 1st Contact

      Hi, this is something you would need to contact our advisers for further information on and they can be contacted on immigration@1stcontact.com

  • KM

    posted twice by mistake

  • Haider Khalid

    Hello,

    I have recently collected my BRP after having the successful spouse visa application. Now, since I have yet to resign from my job in Oman, I need to go back and start looking for jobs in the UK while still working there (Oman).

    Can you please guide that in order to apply FLR after 2.5 years, how many days can I stay out of the UK on spouse visa in case it takes me some time to find a reasonable job in the UK?

    • http://www.1stcontact.com/ 1st Contact

      Hi Haider,
      You should not be outside of the UK for longer than 180 days in a 12 month period.

  • Pastor Bob Claycamp

    If after I apply and am granted ILR ( after 5 years on Tier 2 Ministry of Religion), can I leave my sponsor and still retain my ILR?

    • http://www.1stcontact.com/ 1st Contact

      Your ILR status will not be linked to your sponsor, so it will not be taken away.

  • Coy Tanguanco

    Hi 1st Contact,

    I have been on a Tier 2 Visa since December 2012 but I have had different employers since but still on a Tier 2 visa for the last 5 years Am i eligible to apply for ILR on December 2017? despite having different employers on a Tier 2 visa? or should it only be on one employer for the 5 years to qualify?

    • http://www.1stcontact.com/ 1st Contact

      Hi Coy,
      You will need to be on the same visa with the same employer.

      • Coy Tanguanco

        So does that not count my stay legally on a tier 2 visa for 5 years? My last tier 2 visa was on september 2015 so i have to wait for 2020 and stay with one employer?

        • P V

          I believe you do not need to be with the same employer. otherwise it just sounds like a prison sentence in my opinion. My boss originally working at Cambridge University moved to university College London. My colleagues who had to switch sponsorships since its the University that is the sponsor, now all have ILRs.

  • Nadpel

    Hi 1st Contact,

    I have just got ILR via tier 2 general route. Came in 2011 October first time to UK. At that time wife was given dependent visa but she could not come to UK.
    She subsequently came in 2012 December through another dependant visa(not original one since I got new visa with new employer in 2012 July). She has been with me in UK since then.
    Can she apply for ILR now? (Since original unused dependent vusa was issued in September 2011)

    Or does she need to get pbs dependent extension till next 2017 December and then apply for ILR?

    Many thanks in advance for your kind reply.

    • http://www.1stcontact.com/ 1st Contact

      Your wife will need to extend her visa, and then apply for ILR

      • Nadpel

        Thanks a lot. Just to clarify,Since her original unused visa was issued before the 2012 rule change, can she not apply via regualtions of needing just 2 years?

  • hiya

    hi I had asked a question before and no response, Please will you help me out, I been in uk for 10 years and in 2013-14 my entrepreneur visa been refused twice but both time UKBA gave me right of appeal with section 3c and it was mention that i can apply for any category and my previous leave will be curtail and later I applied for spouse visa and its been guaranteed, now can I apply for 10 yeas long residency please thank you, while 2nd time appeal I had right to work as well, thank you

  • Sunil Mahato

    Hi all,

    I got Tier 2 general visa in 2013 for 3 years and my wife got Tier 2 dependent Visa. Now my wife’s employer wants to process Tier 2 General Visa for her. If she changes her Visa types ( Tier 2 dependent to tier 2 General ) , how will it impact on her eligibility for ILR ?

    If she changes her Visa, does she need to complete 5 years again for ILR ?

    • http://www.1stcontact.com/ 1st Contact

      Once she changes her visa, here 5 year residency will begin again.

  • Klyndaw

    I got a settlement visa to join my parents as child with an indefinate leave to enter. I came to the UK and I did not have to apply for indefinate leave to remain. My passport expired and I have renewed it now. Can I travel and be admitted in on the same visa.

    • Klyndaw

      Please someone advise on the above

  • Will

    Hi, I arrived in the UK in October 2012 under a Tier 2 ICT and switched to a non-EEA spousal visa (wife is Swedish) in November 2015 (married in Feb 2015). I understand switching rules apply to the various Tier visas but can’t find the rules for switching to a EEA2. Can I claim the arrival date in 2012 as the start of my qualifying period?

    • http://www.1stcontact.com/ 1st Contact

      Hi Will, Your 5 year residency period will start on the date that your Noo-EEA Spousal visa started.

  • El Mum Saime

    Hi I live in london but a need to stay out for 3 months and i have viza 3 years becuse im married in uk and i have i daughter British citizen but is right to stay 3 months out ?

    • http://www.1stcontact.com/ 1st Contact

      Hi El Mum, as long as you do not exceed more then 180 days out of the UK then you should not have a problem.

      • El Mum Saime

        Thank you so much

        • El Mum Saime

          Hi. I got visa to join my husband in uk in 2014 during this periode i have been abroad 3 months (two summers and one winter). A month ago i got accepted in a training class abroad uk for three months period, witch means ill be finishing by the end of january 2017. Im i okay with the time or should i be back to uk before ? P.s i have to reapply for my visa on may 2017. how should i procide with my situation? Thank you Best regar

  • Sehar Umer

    Hi,
    I am on Tier-2 and eligible to apply for ILR on 1st Dec 2016. However my job finishes on 2/1/2017, but my TIER-2 is valid till feb 2017. My question is that if my job is finishing 1 month after my ILR application date, will it have any impact on my application? I hope to apply through premium service to get same day decision.
    I will await your kind response….

    • http://www.1stcontact.com/ 1st Contact

      Hi Sehar, this will not have a negative impact on your ILR application.

  • Chris

    Hi 1st team,
    I will be applying for ILR based on 10 year long term residency law.Do you think this law will be removed anytime in the near future which means no one can use this route to apply ILR?Do you think it may happen?Please kindly let me know.

    • http://www.1stcontact.com/ 1st Contact

      HI Chris, we have not seen any legislation that indicates this will be done away with.

      • Chris

        Thanks a lot.You are very helpful providing the correct information.

  • Cecilia

    I am holding Tier 2 Visa, can I apply ILR while I am still on maternity leave? How can I proof 35,000 salary?
    I plan to leave from Feb 2017 to Feb 2018, on Nov 2017 I have already achieved 5 years. During the maternity leave I can only get the Statutory Maternity Pay which is £139.58 weekly, can I apply ILR during the maternity leave (on Nov 2017)? Before I leave, I have already achieved 35,000, can I use the payslip before the maternity leave to proof the salary requirement? or I have to wait until I go back to work and the salary come to normal?

    • http://www.1stcontact.com/ 1st Contact

      Hi Cecilia,
      Assistance with the documents you need to provide is not something that is possible to discuss on this platform. Should you require assistance please email immigration@1stcontact.com

  • Irfan

    I need help please. I came in uk in June 2006 on student visa. Got matrried with EU spouse in March 2010. Got residence permit in oct 2010 for 5 years Marriage broken down. Divorced in Dec 2014. Applied for retain rights on 3rd April
    2015 but application refused on 11Sep 15. Lodged appeal against HO decision in Court. Hearing date was due on 17th October. But I realised I have completed 10 years lawfully in June 2016. I withdrawn my appeal on 10th October and put fresh application for ILR same day service on 14th October. They checked every of my documents after 3 hours the caseworker called us and said as she is satisfied with all the documents and successfully got information where my passport is. After getting my passport she will give me response within 1 week. But after one week she send my documents back withrefusal latter stating as I have been staying unlawfully in Uk since September 2015 when my visa was revoked so I have not completed 10 years lawfully. And broken 3c and 3D leave but she has given me full appeal rights within Uk. Please guide me what to do now.

    • http://www.1stcontact.com/ 1st Contact

      Hi Irfan,
      Unfortunately 1st Contact don’t assist with refusals

  • Konark Ogra

    My future wife has a ILR, she received it in Oct 2016, what are the necessary conditions for me to apply and eventually get the ILR earliest possible way? Also, if i wish to work outside the UK will i still be eligible for ILR ?

    • http://www.1stcontact.com/ 1st Contact

      Hi Konark,
      You will need to live in the UK for 5 continuous years and not be out of the UK for longer than 180 days in a 12 month period.

  • Kaya

    Can I book a flight while applying for the ILR?

  • Aisha Ayo

    Hi, I’ve been in the Uk for 11 years and I’m 19 now and studying in college. I didn’t know but my ltr expired in 2012, My parents applied for iltr for me (as well as themselves) in July and I went to enrol my biometric information in August. However, I have since not had any correspondence from the home office. Do you know how long it takes to receive the BRP? My mother did the life in the U.K. Test a month ago and passed and according to her there was no request for me to do it as well. Does this mean she’s been granted iltr? I think my parents are lying and keeping information from me about my application but I don’t know what I can do about it nor do I know how much longer the application will take…

  • Aftab Ahmed Abbasi

    Hi
    I want to know about financial requirement. My wife and her daughters are doing job. My wife income is much lower than required financial requirement of 18600 pounds. Her daughter is 19 years old and she is also doing job. Can my wife and daughter both income all together can full fill financial requirement to sponsor me. My wife was on benefits before but now she is working. Kindly reply me and also suggest me what I need to do?

    • http://www.1stcontact.com/ 1st Contact

      Hi, unfortunately only your wife’s income would be assessed in order to meet the required financial threshold.

  • suresh

    Hi,

    I’m eligible to apply for ILR as a Tier 1 general migrant in December 2016. I have 3 dependents (my spouse, and two kids) who will be applying along with me for ILR. I have a question regarding my child dependent’s eligibility to apply for ILR along with my spouse and other child. I first came to UK in Dec 2011. My wife and 2 kids were granted leave as my dependents in Apr 2012. However my wife and 1 child joined me in UK in May 2012 and other child joined us in UK in Jan 2013. Based on my understanding of the current rules, my wife and the child who came to UK in May 2012 are eligible to apply for ILR and I’m confused with my second child’s eligibility who came to UK in Jan 2013 although her leave was granted in Apr 2012(before July 2012). Can you please clarify if all the dependents can apply for ILR together in Dec 2016 based on this info? Thanks Suresh

    • http://www.1stcontact.com/ 1st Contact

      Hi Suresh, its best to contact the UKVI on 0300 123 2241

  • melissa

    I was on a youth mobility scheme visa last year for 10 months. I met my partner there and have been with him for a year and a half. I had to move back to australia for work and now my visa has expired. How am I able to enter back in the UK and be able to live with him and work for atleast a few years?

    • http://www.1stcontact.com/ 1st Contact

      Hi Melissa, As you had not lived together for 2 years, you will need to marry in order to apply for a partner visa. Alternatively, you may apply for an Ancestry should you have UK born grandparents.

  • Harry

    Could you please explain the new ILR rules from November for 10 years long residency route.
    Thanks

    • http://www.1stcontact.com/ 1st Contact

      Hi Harry,
      1st Contact have no details of any changes to ILR

  • Faisal Rabbani

    HI,
    I have got tier 2 general for 5 yrs in 2104 I will be applying for ILR in 2019 but i have already used 150 days out of the country all together till now.
    so just wanted to confirm whether is it 180 days in 5 yrs
    or 180 days out of the country each year.
    I have to visit different countries due to business are they counted in this holidays or i can get some exemption for business travel?

    • http://www.1stcontact.com/ 1st Contact

      Hi Faisal,
      You may not be out of the UK for 180 days in each 12 month period.

      • Faisal Rabbani

        Thanks for the reply so I will be eligible as i have never crossed 180 days in each 12 months and not going to do in future as well.

  • Torsten

    Hi, I am currently applying for my ILR. I was in the military so, doing it through my exempt vignette. I have only got 1month left in the army, how late can you leave it to apply for ILR as will only get funds for it quite late.
    (I am also on an ancestry visa)

    • Torsten

      Also, can I stay in the UK whilst my ILR is being processed?

      • http://www.1stcontact.com/ 1st Contact

        Hi Torsten, You need to apply in the 28 days prior to expiry and no later. You will need to hold your ILR for a further 12 months prior to Naturalizing. Yes you can stay in the UK during this process.

        • Torsten

          Thank you very much. When you say 28days prior expiry, it says on the GOV website that you can apply after 2 years of leaving the forces. Bear in mind my ancestry visa is still valid

          • http://www.1stcontact.com/ 1st Contact

            Hi, this means 28 days prior to your five years of residence being recognized, if this has been on the ancestry visa then it would be 28 days prior to this expiry.

    • Torsten

      One more question, I promise. How long after you receive ILR can you then apply for naturalisation?

  • Tazi Anyi

    hi,
    i applied for ILR through a same day service in august. I was told they couldn’t make a decision on my application at the moment and will get back to me. i was also given a confirmation of receipt of documents which said i could also work. i have stupidly manage to loose this confirmation letter. i dont know what to do. please i need some help on what to do

    • http://www.1stcontact.com/ 1st Contact

      HI Tazi, You will need to get in touch with the UKVI, you can call on 0300 123 2241.

  • James

    Hi.. Im hoping to submit an ILR application in person but also have some international travels coming up. I already have a biometic residence permit for my Tier 2 General.. Do you know, if my ILR is successful, if they will take my Tier 2 biometric permit? And if so does it mean I cant leave the UK until I receive my new ILR biometric permit? Thanks

    • http://www.1stcontact.com/ 1st Contact

      Hi James, your current visa will no longer be valid once ILR is granted and you will need to wait for your ILR card before travelling

  • Adaobi onwuji

    Please I joined my husband on the 11/10/13 on a 8months Tier 1(general) partner visa, and afterward got a two and half years spouse/partner leave to remain which is due to expire by 30/12/2016.Please am wondering the next visa to apply for before been eligible to apply for the ILR. My husband got his British citizenship last month

    • http://www.1stcontact.com/ 1st Contact

      Hi Adaobi, You will need to extend your visa as a PBS dependant

  • bryan

    Im on ilr .wife is still on pbs dependant. I got two kids. Am i eligible to apply for a council house? And child benefit? Tnx

    • http://www.1stcontact.com/ 1st Contact

      HI Bryan, This is not something 1st Contact advise on unfortunately.

  • sheik

    Hi Mine is a bit lengthy but I am sure you would help me in providing the best advice.

    I first obtained my Tier 1 General in Oct 2009 for three years until Oct 2012…..sadly I left UK in Nov 2010 . I made couple of visits in Feb 2011(stayed 4 days) & May 2011 (stayed 5 days) just not to break the continuity of my visa . but after May 2011 i thought of not coming to UK and didnt turned up until April 2012..(i still had my visa for 6 months) – as my plans everything changed dramatically..which is nearly after 11 months gap..I came to UK back and started to stay permanently in UK itself..

    I resumed being in UK since then (2nd April 2012) and extended my visa two times..Currently I have my Visa until Jan 2018.

    I was told the 5 years term is from the date of my ILR application, and the Maximum no, of days that one can be outside UK is 180 days per year.

    So if the above statement is True, If I just go back 179 days before 2nd April 2012 which is 6th October 2011…and calculate 5 years …I should be eligible to apply for ILR from 6th October 2016 itself Technically.

    Now My questions are

    1) Should i calculate my new 5 years term from 2nd April 2012 or 6th October 2011 ??

    2) Is it 90 days or 180 days ?? That one can stay maximum outside UK ??

    3) If it is 180 days : can it be a straight 180 days (I mean single trip)

    4) If I consider 6th October 2011 to 5th October 2012 as My First Year …I was not in UK until 2nd Apr 2012 …Is it fine???

  • Lola danie

    Hi.
    I came to the UK on a tier 4 for my masters degree in 2008. After I finished in 2009 I got a post study visa. I then got a job in November 2011 with tier 2 sponsorship but I was still on my post study visa for a few months after I resumed the job. When I applied for my first tier 2 general it was given as 1 year 6 months rather than 2 years and they told me it was backdated as my employment started in November but the brp start date was June 2012. Then I got on to the second part of the tier 2 which was issued for another 3 years which now expires in January 2017. I am confused if it has completed the 5 years because I started the job in November 2011. I have been in the same engineering job since november 1st 2011. Can I apply for ILR in January or do I need some form of extension till June. I am really confused. I will appreciate a response soon. Many thanks

  • T.m

    Hi I applied for 5 year route spouse visa.after expiry 2.5 year. I applied other 2.5 year visa.but they put me on 10 year route. Bcz only some stamps and employers sign missing on pay slip.you know these days we have to prints out payslip ourselves.so there was no stamps and sign on my payslip. On that reason UKBA put me on 10 year route.can you do any help? All my paperwork completed.

  • Adaobi onwuji

    Please am currently on two and half years spouse/partner leave to remain which runs out next month. However I was originally on tier1 general dependent visa which was my husbands visa status when I joined him in 2013. Please am kind of confused whether I should be extending under pbs dependent or under the flr(m). A friend thinks its likely that my solicitor switched my visa to flr(m) when I applied for my ist visa extension as that is the only reason why I should hold a spouse leave to remain.

    • http://www.1stcontact.com/ 1st Contact

      Hi Adaobi,
      It is best to consult your solicitor

  • El Mum Saime

    Hi. I got visa to join my husband in uk in 2014 during this periode i have been abroad 3 months (two summers and one winter). A month ago i got accepted in a training class abroad uk for three months period, witch means ill be finishing by the end of january 2017. Im i okay with the time or should i be back to uk before ? P.s i have to reapply for my visa on may 2017. how should i procide with my situation? Thank you Best regar

  • Anil Kumar Chaparala

    Hi I applied ilr on nov 9 th by post and my payment haven’t gone through because of bank problem what should I do now. My visa expired on 9 th Nov. Yesterday 21.11.2016 I got mail from home office stating they received appication and it might take 6 month to process…in that they given case I’d as well 21421588…what should I do now…please advise I am completely tensed

    • Anil Kumar Chaparala

      Ilr on 10 yrs route… Plz frnds plz give me advise… I am very much tensed

      • http://www.1stcontact.com/ 1st Contact

        Hi Anil, you would have the ability to remain in the UK while this is being processed.

        • Anil Kumar Chaparala

          Thank you for your reply… Can you plz advice if I need to send check or postal order as payment is declined by bank

        • Anil Kumar Chaparala

          Hi can you please send me a sample of covering…for resending payment details as my payment was declined by my bank so I want to send a postal order along with covering letter plz help asap I am completely tensed

          • http://www.1stcontact.com/ 1st Contact

            Hi Anil,

            Unfortunately we are not able to provide a sample of the document. I would advise that you get in touch with your bank.

  • Gody

    Hi, My enquiry is a bit long winded. Hope you could kindly read through and provide me with some clarifications.

    I would like to enquire if my spouse is now eligible to apply for Indefinite Leave to Remain in the United Kingdom.

    Please find below are details of My Spouse’s immigration history:

    On the 12/10/2011 My Spouse was granted entry clearance on a Tier 1 General Dependant Visa to travel to the United Kingdom(UK) as my Visa at the time was a Tier 1 General PBS visa.

    My Spouse arrived in the UK on 24/10/2011 as a Dependent on my Tier 1 General Point based system(PBS) visa.

    On 01/02/2012, I obtained Indefinite Leave to Remain in the UK on the basis of 10-year Long Residence.

    0n 06/03/2013, my Spouse obtained Further Leave to Remain as a Dependent of a Settled Person for 2.5 years as she fulfilled the requirements of Appendix FM R-LTRP1.1 (a) (b) and (c) following the new rules that came into effect after 09/07/2012.

    In August 2013, I got naturalised as a British Citizen and now hold a British Passport.

    0n 28 October 2015, my Spouse leave to remain was further extended for a further 2.5 years as she continued to fulfill the requirements of Appendix FM R-LTRP1.1 (a) (b) and (c).

    My Spouse has now lived in the UK for a continuous 5year period; October 2011 -October 2016 as my dependent; the first 17months of this five year period as a Tier 1 General PBS Dependant as outlined above.

    I will very much appreciate if I can get some clarifications on whether My Spouse is now eligible to apply for Indefinite Leave To Remain in the UK.

    I am not quite sure how the Transitional Arrangements in section 4.5 in Chapter 8 of Appendix FM of the immigration Directorate instructions would apply to her case.

    If she can now apply, which application form is the correct one to use SET(O) or SET(M)

    Thanks,
    Gody

    • http://www.1stcontact.com/ 1st Contact

      Hi Gody,

      Your spouse will be eligible for indefinite leave to remain 28 days prior to her current 2.5 year visa expiring. As unfortunately the time spent on the Tier 1 PBS visa does not count towards indefinite leave to remain in conjunction with her spousal visa.

      • Gody

        Many thanks for ur advice.

        • Avi

          my situation is the same as above apart from my wife been granted 2 years visa initially in May 2012 as a dependent of a settled person same time I had my ILR done and than it was extended for another 2 and a half years. my understanding is that she should’ve been granted a 2 and a half years visa under new category initially but this was not the case so I thought she might be eligible for 2 years rules but again this was not the case when I get this checked from a local council check and send service. I’m now confused that if I have to extend her visa the third time just for 6 months period before she has done her 5 years under new catogary?

          • Gody

            It is quite confusing indeed! If you look at the immigration Directorate Instructions: Family Migration. Chapter 8 : Transitional Provisions , Section 4.5.5 seems to suggest that the period spent as a PBS dependant can be combined to the period spent as a Partner of a Settled Person. However the difficulty is to find someone who has succeeded in doing so as there seems to be very little knowledge about this provisions even when you speak with immigration Solicitors. And you can never be sure if the Case Worker handling your case would bother to refer to this.

  • User

    A friend of mine has this issue: she made an application ILR and she was refused because they didn’t believe she was married to her husband. Although, she is married to him for 5 years and they even have a child.

    So her ILR was refused and she appealed under human rights. What happens if that appeal is rejected? Would she have another chance? Can she reapply? Is there a limit on how many times she can reapply? Her visa will be running out soon too…

    Help would be muchly appreaciated as your comments seem very helpful.

  • User

    Hi, I really liked this blog post and would be contactung you further via mobile phone after I receive this information.

    A friend of mine has this issue: she made an application ILR and she was refused because they didn’t believe she was married to her husband. Although, she is married to him for 5 years and they even have a child.

    So her ILR was refused and she appealed under human rights. What happens if that appeal is rejected? Would she have another chance? Can she reapply? Is there a limit on how many times she can reapply? Her visa will be running out soon too…

    Help would be muchly appreciated.

    • http://www.1stcontact.com/ 1st Contact

      Hi there,

      Unfortunately 1st Contact do not assist or advise on appeals, we would suggest that you seek the advice of a solicitor.

  • Khan

    Hi i need to apply for my wife and kid visa but i am not sure which visa , i am on ILR now and my wife and kids are on Tier 1 Dependant visa and they came to uk with me on 31 JAn 2012 and the current visa is going to be expired on 24-12-2016, i just want to know can they apply for ILR or they need FLRM Visa as they have one month short in 5 years. Please help me in this regard.
    Thanks

    • http://www.1stcontact.com/ 1st Contact

      Hi Khan,

      Unfortunately they will fall short by 1 month, and therefore they will be required to extend this visa.

  • Sai Chaitanya

    Hi there,
    I have a query regarding ILR continuous stay(i.e. 180 days) outside the country. I understood that the applicant is not allowed to stay outside the country(UK) for a continuous period of more than 180 days in any 12 month period for 5 years in order to qualify for ILR. Which means that an applicant stay outside the country(i.e. UK) for 150 days (assume) in a 12 year period and still can qualify for ILR. Is that right?

    If yes, then for 5 years, the applicant can stay for 750 days (150days* 5years=750days)outside UK and still eligible for ILR(under 5 year category). Is that right?
    If the above is correct, then how come the applicant be eligible for ILR under 5 year category as he/she was outside the country for 750 days(which is more than 2 years). Technically speaking, the applicant is in the country for nearly 3 years, not for 5 years. Isn’t it?

    Please advise on this.

    Many thanks.
    Sai Gangeyula.

  • Hayley McConnell

    Hello! I’m applying for ILR after being on an ancestry visa (+extension) for 6.5 years. Do I need to *prove* every time I have left the country, or will a list of absences and my passports suffice? I have travelled outside of the country for work quite a lot, but within the absence threshold. Work is providing me with a reference letter, and are happy to add my list of every time I have travelled since I started there 5 years ago to the reference letter. Will I be overcomplicating things if I get them to add it to my reference letter, or should I ask them to just say ‘She travels as part of her job’ and make it a bit more simple? Thanks in advance!

    • http://www.1stcontact.com/ 1st Contact

      Hi Hayley, you will need to provide a dates in and out listing which will correspond with the entry stamps on your Passport. This will need to be provided for the 5 years prior to your application being submitted. Adding this to the reference letter would not be a negative.

  • Dhirendra Mahadeva

    Hi, have ILR. Got it in 2004 after living 10 years. Worked in UK till 2013. Never naturalized. But been out of the country for last three years working for government hospital in South Africa. Married a British citizen in 2011. Have 2 children both with British passports and born in UK. Now want to return to U.K. as wife got homesick and wants to look after ill mother with cancer. We don’t own property, I sold my UK property in 2014. Wife has a locum job from January. I want to return with her and kids and also seeking job. My ILR has technically never been revoked. Can I use it to apply for jobs?

    • http://www.1stcontact.com/ 1st Contact

      Hi Dhirendra,

      Unfortunately your indefinite leave to remain status will have been revoked.

      Please feel free to contact our immigration specialists and they will be able to advise on the UK Spousal visa.

      You may contact them on, immigration@1stcontact.com

  • Ayse Lily Hamid Rezaei

    Hi my husband applied for ILR seven months ago after six years of discretionary leave to remain. We received a letter requesting more documents in Sept which we provided. Two weeks ago we received a letter from the HO saying that my husband application was invalid because they apparently sent us a letter in Oct, telling us to apply for limited leave to remain and pay the immigration health subcharge. We have never received such letter. We’ve contacted the HO, which we were told to put a complaint and write to our case worker. We have done written to the complaint department and the case worker. The case worker hasn’t replied back to us. Really don’t know what to do next.

  • Sagar Khade

    I have completed 10 years in the UK – however I stayed outside the country for more than 180 ( 202 days) due to health issues. Can I apply still apply for ILR on medical grounds? What are the likely chances of getting ILR based on the above stated reason? Many thanks

    • http://www.1stcontact.com/ 1st Contact

      Hi Sagar,

      1st Contact will be able to assess your time spent out of the UK, please could you email a full break down of your trips and the reasons to one of our consultants. They can be reached on; immigration@1stcontact.com

  • Gunjesh

    Hi I want to bring my old in-laws to UK after getting the ILR visa. Can you please suggest what needs to be done for this?

    • http://www.1stcontact.com/ 1st Contact

      Hi Gunjesh,

      Unfortunately one cannot sponsor their elderly parents to reside in the UK.

  • Lamp Consultants

    Hi,
    I am on a UK spouse visa, my wife is British. For my job I need to travel to Denmark once a month and sometimes once a week. After one year I am going to apply for ILR. Now my question is, how many days I can spend outside the UK safely. Since my work makes me go outside the uk for a day or two once/twice a month. Is that going to be ok? Is there a limit to travelling.
    Thanks
    Alum

  • Hayley McConnell

    Thank you very much for providing this forum, it is so helpful!

    I am a little bit confused on the terminology in the application form. I am on an ancestry visa with a biometric residency card. Question 6.6 asks if ‘I have valid leave to enter or remain in the UK’ – I’m assuming that I say yes? Does ‘leave to enter’ and ‘permission to stay’ refer to my current visa?

    I have the same problem for question 10.1 – Have you been issued with a BRP with a previous application for leave? I’m assuming in this question they mean previous ILR applications, and not my current visa?

    Thanks!

    • http://www.1stcontact.com/ 1st Contact

      Hi Hayley,
      1st Contact is not able to advise on how to complete the forms unfortunately.

  • benny

    Hi again,

    Our application for flr m is going in on the basis of meeting the £18600.
    my employer has given me the following letter
    I can confirm that mrs —– has been employed by ——- at the above address since 1st July 2014,

    mrs —- earnings for the period 2nd December 2015 to date are £12383.29

    Mrs —- is employed on a permanent contract and works an average of 40.25 hours per week,
    Overtime is paid at the rate of time and a quarter, Her current rate of pay is £7.20 per hour,
    I can confirm that the address we hold on record for Mrs —– , is —–, —–. —– . —–, Should you require any further information please do not hesitate to contact me at the above address,

    From these figures it is clear they have only included my basic hourly salary, they have not included holiday pay , or over time, these together add to a further £8500,00. i have all pay slips and am awaiting missing bank statements which will match pay slips.
    should the letter state the total gross salary including holiday pay and overtime,
    which is the best route to go, My husband said A but still provide 12 months slips to show total paid salary for year , we also have last years tax paper with total earned, i realise that it is not really any good as the tax year ends in April but people do say send it any way, any advice would be greatly appreciated
    many thanks
    Yan

    • http://www.1stcontact.com/ 1st Contact

      Hi Yan,

      Based on the above, 1st Contacts Immigration specialists would need to complete a full financial assessment.
      Should you be interested in pursuing this, please get in touch with them on;
      immigration@1stcontact.com

  • Yemi Samuel

    hi

  • Yemi Samuel

    Hi, My son was issues a dependant visa on Tier 1 General on 23rd Jan 2012, he landed in the UK on 2nd March 2012. As you said in the previous post that there’s 90days grace from date of issue. In his own case, he’s current visa expires on 18/12/2106, Can he apply for ILR, he’s 14 years now.

    • http://www.1stcontact.com/ 1st Contact

      Hi Yemi,
      ILR can be applied for after an applicant has been in the UK for 5 years.