Indefinite Leave to Remain made simple

There are thousands of expats living in the UK who are aiming for permanent residency status and, eventually, a British passport. But with immigration laws being as complicated as they are, the thought of entering this bureaucratic minefield is dissuading many from pursuing Indefinite Leave to Remain (ILR). Our visas team has put together a simple guide to explain ILR.

London skyline

Indefinite Leave to Remain allows you to live in the UK for an indefinite period on condition that you intend to remain present and settled. Photo credit: Simon & His Camera via photopin cc

ILR in a nutshell

ILR is essentially permanent residency status in the UK and is just one step away from actual British citizenship. Once you have held IRL status for 12 months and have been living in the UK for five years you can apply for a British passport. ILR status means you may work without restriction in the UK and exit and re-enter the country multiple times.

Who can apply?

There are several requirements to apply for ILR, here are the basics:

  • You must be of good character.
  • You must continue living in the UK.
  • You must have sufficient knowledge of life in the UK.
  • You must be able to communicate in English to an acceptable degree.
  • You must meet the residential and income requirements.

Residential requirements

To meet the residential requirements surrounding ILR, you must have been resident and present in the UK for at least five years before the date of your application. During this five-year period, you must also not have spent more than 450 days outside the UK or more than 90 days in the most recent 12-month period. So if you have spent four of the last 12 months in Australia, Canada, New Zealand or South Africa you will not qualify, but if you have for instance been away on a four-week holiday during the last 12 months, you are still considered eligible.

It’s also important to note than you may not have been in breach of the UK’s Immigration Rules at any time during your stay in the UK.

Income requirements

Those of you holding Tier 2 visas need to be aware of the new income threshold rule which applies to all ILR applications lodged after 6 April 2015. If you are on a Tier 2 visa and want to apply for ILR you will have to be earning at least £35,000 a year at the time of your application. Please note that this income requirement only applies to Tier 2 visa holders, and to no other visa category.

How to apply

If you meet all the criteria listed above, there’s a good chance you could be on your way to British citizenship. The first step is to apply for ILR. You have two options: Take the DIY route and work directly through the government, or hire a visa expert to assist you.

1st Contact Visas works on a ‘no visa—no fee’ policy, so you have nothing to lose and possibly a British passport to gain. Visit 1st Contact Visas to find out more or take our free ILR assessment test.

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  • James

    If you arrived on a Tier 5 Youth Mobility Visa (2 years) then moved to a Tier 2 General – Sponsorship (3 years) for a total of 5 years, would you then qualify for IDL or does this changing of VISA type reset your Resident Requirements?

    • 1st Contact

      Hi James,

      Thanks for your question.

      Unfortunately the time you spent on the Tier 5 Youth Mobility Scheme visa does not count towards indefinite leave to remain in the UK.

      In order to qualify for ILR you would need to spend five years in the UK on the Tier 2 visa.

      Please let us know if you have any other questions or if you need assistance with anything else.

      • James

        Thanks

  • Louella

    I worked in London for two years and am currently travelling for a year and returning to london in January with two years remaining on my ancestral visa – ill be under the 450 days – would I still be eligible for ILR?

    • 1st Contact

      Hi Louella,

      Thank you for your question.

      You are eligible for indefinite leave to remain in the UK after spending five consecutive years as a resident in the UK.

      In terms of the time you spent out of the country throughout the last
      five years, the new guidance which came into effect in April, says that you
      cannot be outside of the UK for more than 180 days in any 12 consecutive
      months. The reason for you being out of the country must be related to the
      purpose of your leave in the UK or you need to be able to provide a compelling reason (such as a serious illness). Your employer must confirm the reason for your absence if it was related to your work or you will need to confirm the reason if it was related to a serious or compelling circumstance.

      Because you have spent one year outside of the UK, you won’t be
      eligible for ILR, instead you will be required to extend your Ancestry visa in
      order to continue living in the UK.

      Please note that extensions can only be applied for from within the UK
      and prior to your visa expiring.

      Please let us know if you have any other questions.

  • Brian

    I arrived in the UK in 2006 from South Africa on a 4 year Ancestry Visa, which was subsequently changed to 5 years. I had to apply for a extension on my 4 year visa and received a further 5 year extension with a Biometric Residence Permit.This extension is due to expire in 3 months and I’m in the process of applying for ILR. Information the the GOV website is vague if you already have a BRP and are applying for ILR. Would I need to go through the Biometric process again if applying for ILR?

    • 1st Contact

      Hi Brian,

      Thanks for your question.

      Yes, biometrics will be required again. If you apply via the postal service the UKBA will write out to you and request your biometrics. However, if you apply via the premium fast track service this will be done on the day of your appointment.

      Please let us know if you have any further questions.

  • TAC

    My Husband was born in Canada in 1975, His mother was born in the uk as were his grand parents. His Mother moved to Canada and then moved back to the UK with my husband in 1990. Is my husband entitled to a uk passport would he have citizenship automatically through his mother and grandparents

    • 1st Contact

      Hi TAC,

      In older British nationality legislation there was significant gender discrimination. Anyone born to a British mother prior to 1 January 1983 was unable to claim British citizenship automatically.

      In 2002 and 2009 the Home Office passed further legislation to address gender discrimination in the earlier law. However, neither of these changes resulted in automatic citizenship to those born before 1983.

      Due to the above, your husband cannot make a direct application for a British passport given his mother’s birth in the UK.

      However, it is possible for your husband to register as a British citizen now and only once he has attended the oath ceremony and acquired his certificate of registration will he be allowed to obtain a British passport.

      Please let us know if you have any further questions.

    • Angela

      The Form is UKM. The fee is free. You pay £80 for the ceremony. It took the Home Office two weeks to approve my application.

  • TAC

    Thank you for your response, am I right in saying that this is generally quite expensive to go through this route? EG approx. £800

    • 1st Contact

      Hi TAC,

      The total cost for the entire process would cost roughly £900. This includes the registration and the passport application, after registration. This amount also includes the government fees as well as our fees to represent you.

      If you have any other questions, please don’t hesitate to ask.

  • Raheel Rehman

    Hi,
    i got my ILR in Sep14 based on 10 years long residency. i was on entrepenuer visa (issued in Dec13) before applied for ILR. my wife came to the UK in Oct2010 as my dependent. my son was born in Nov2011. i have already applied for his nationality but confuse with my wife’s application. though i had entrepenuer visa in 2013 but i applied for this visa in June 2012 (before july 2012). based on this do i have to apply for FLR(M) or can she apply for ILR based on more than 2 years residency as spouse of PBS?

    Thanks
    Raheel

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

      Hi Raheel,

      Sorry for the delay in responding. Thank you for your enquiry.

      Based on the fact that your wife applied for and received her visa prior to the rule changes that took effect on the 9th July 2012, your wife will be eligible to apply for indefinite leave to remain.

      Kind regards

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

      Hi Raheel,

      Sorry for the delay in responding. Thank you for your enquiry.

      Based on the fact that your wife applied for and received her visa prior to the rule changes that took effect on the 9th July 2012, your wife will be eligible to apply for indefinite leave to remain.

      • Raheel Rehman

        Hi, Thanks for the respond. She had her first visa in Oct 2010 (Entry Clearance) as a spouse but when i applied for entrepenuer visa in June 2012, she applied with me again as a Spouse and this visa was issued in Dec 2013. can she still aply for ILR?

  • Sambhav Suktankar

    I get my ILR in Jan 2015. However, after getting ILR, I need to go back to India for 8 months ( still be in the 450 days quota) but i will exceed the 90 days in the last 12 months. Can I come back and wait and live for 12 months in the UK and apply for Naturalization? Or am I permanently disqualified to get a British passport?

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

      Hi Sambhav,

      You can return to the UK and apply to naturalise as a British citizen. If the 8-month period in India puts you over the 450 days quota over the last 5 year qualifying period, you’d need to wait until you’ve built up those days again. You’d also need to ensure that, at the time of application, you have not spent more than 90 days out of the country in that 12 month period.

      Please don’t hesitate to contact us if you have any further queries.

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

      Hi Sambhav,

      You can return to the UK and apply to naturalise as a British citizen. If the eight-month period in India puts you over the 450 days quota over the last five-year qualifying period, you’d need to wait until you’ve built up those days again. You’d also need to ensure that, at the time of application, you have not spent more than 90 days out of the country in that 12-month period.

      Please don’t hesitate to contact us if you have any further queries.

      • Sambhav Suktankar

        Thank you very much.

        Will they cancel my ILR if I continue staying in India and visiting U.K once in 2 years ( I think that is the prerequisite?). Also for naturalization do they need my 5 years residence proof ( cause if I stay in India for a year) I wouldn’t have an UK address unless I continue my bank account in my old address?

        Is there a way to be out of the country and visit occasionally to ensure my ILR doesn’t get cancelled? Eventually, I plan to come back and settle in the U.K but not now.

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

          Hi Sambhav,

          Should the UKBA feel that you are only entering the UK to keep you indefinite leave to remain status active, they may revoke your indefinite leave to remain status.

          As they grant indefinite leave to remain, on the basis of one showing intention to reside in the UK.

          One is able to Naturalise in the UK, provided that the below 2 residency requirements are met;

          – You have continuously resided in the UK for the past 5 years with absences out of the UK amounting to no more than 450 days over that period.
          -You have not spent more than 90 days outside the UK over the past 12 months on ILR.

  • Drew

    I’m soon to marry my girlfriend of 2 years in Sudan, her home country. After that we will live in the UK. Does the 5 year ruling still apply to for her? I’ve read so much conflicting info on this, it’s hard to understand.

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

      Hi Drew,

      Based on the fact that you are due to marry, you will apply for a UK visa based on marriage.
      One is required to show evidence of an existing relationship prior to marriage, however proving 24 months worth of cohabitation will not be required.

      Hope this helps.

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

      Hi Drew,

      Based on the fact that you are due to marry, you will apply for a UK visa based on marriage.
      One is required to show evidence of an existing relationship prior to marriage, however proving 24 months worth of cohabitation will not be required.

      Hope this helps.

    • Angela

      you also need to earn £18,600 pa and have held the job for a minimum of six months prior to being able to sponsor is my understanding.

  • Angela

    what if you have an ILR and leave the UK for four odd years and live in Canada? I read if your immediate family is living the UK you can reapply, is this still the case post 2012? Would it be better to apply for a UK Ancestry Visa to return to the UK and then reapply to renew the ILR or ? Thank you!!!

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

      Hi Angela,

      Should one spend more than 2 consecutive years outside the UK whilst holding Indefinite Leave to Remain, the UKBA will revoke your indefinite leave to remain status.

      If you’ve been away for more than 2 years, you won’t get a Returning Resident visa unless you’re also able to show what exceptional personal circumstances have led to you being out of the country for this long.
      You must provide enough evidence to show:
      -your strong family ties to the UK
      -you lived in the UK most of your life
      -your current circumstances and why you’ve lived outside of the UK

      Hope this helps.

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

      Hi Angela,

      Should one spend more than 2 consecutive years outside the UK whilst holding Indefinite Leave to Remain, the UKBA will revoke your indefinite leave to remain status.

      If you’ve been away for more than 2 years, you won’t get a Returning Resident visa unless you’re also able to show what exceptional personal circumstances have led to you being out of the country for this long.
      You must provide enough evidence to show:
      -your strong family ties to the UK
      -you lived in the UK most of your life
      -your current circumstances and why you’ve lived outside of the UK

      Hope this helps.

      • Angela

        Thank you. Would an UK Ancestry Visa preclude later applying to renew the Indefinite Leave to Remain?

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

          Hi Angela,

          After 5 years of settlement on the UK Ancestry Visa, you would have the ability to gain Indefinite Leave to Remain. After holding this for 12 months you will then be able to Naturalise.

  • beatriceowusu

    Hi i have indefinite leave to remain snice 2000 that when i came to uk,when i came my mum applied a uk passport for me but they told her i wll have to stay here for 5years which it would have been 2005 have been here for almost 15years and i still havent got my uk passport done i want to do it now so can you help me on how to go about it

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

      Hi Beatrice,

      We’d be happy to assist you with your application. The response to your query is rather long and detailed. May we email it to you?

      • beatriceowusu

        yes plz my email address is beatriceowusu2003@yahoo.co.uk thank a lot

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

          Thanks, we’ve sent you a mail.

  • kristelle

    Hi,
    Im about to enter the UK on an ancestry Visa. Could you please specify the requirements, of time allowed/not allowed outside the uk, so I am able to stay in these guidlines? Also in the ILR application process are there any major things you need to prove – such as proof of full time work over the entire 5 years spent in the UK? I am just wondering because I have applied for nannying/au pair jobs which the pay is specified as ” pocket money” and I wouldnt get taxed for it. I am probably looking to apply somewhere else part time aswell, where I WILL be taxed. are there such requirements? Do I need proven, part or full time work? Also would a full time au pair/nanny job be acceptable even if there is no tax history, but given I could prove my work history for such family? Hope this makes sence, Thanks!

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

      Hi kristelle,

      It’s quite a long answer. Can we email it to you?

  • Prab

    HI,

    I came to the UK in April 2008. Studied for 3 years and then 2 years on PSW now I am about to complete my 3 years on Tier 2 General visa. Will I qualify for ILR based on my last 5 years of stay or will I have to extend my Tier 2 visa

    Thank you for your help.

    Prab

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

      Hi Prab,

      Unfortunately your time spent on your previous visas does not count towards indefinite leave to remain.You will be required to spend 5 years residency in the UK on your Tier 2 visa in order to qualify for residency.

  • Mr. Debo

    Hello John, Thanks for the great work. I need your advice on two things. I am married to a British citizen since November 2011, I applied for spouse visa in june 2012 and got my biometric card in march 2013. Now i am due to apply for Indefinite Leave to remain. I am thinking of doing a premium walk in service so as to stop the agony of having to wait for months. But my major problem is, my wife is a Nurse and she works about 6 days a week which means she wont be available on the day of my appointment. Can i attend the appointment on my own or does she have to be there with me 100%? Another thing, i have spent a little over 6 months in total out of town in the past 2 years. Does this affect my chances of getting my ILR? Please your answers to both questions will be highly appreciated. Thank you.

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

      Hi Mr. Debo, thanks for your kind words.

      To answer your question: It would be better if your wife was able to attend this appointment with you, however if this is not possible then it would not pose a major negative impact on your application.

      Your time spent out of the UK should not pose a problem.

      • Mr. Debo

        Thank you for the quick response. what should i do in case she is not able to come? We are planning that i will go with all our documents and she will write a letter to back it up and they can call her for whatever they have to say to her. Her mobile number will be included in the letter as well as her employee’s number should they want to confirm she is at work or is none of this necessary?

  • waqar

    Hi i m waqar i just want to kniw that i apply for ilr 4months ago i dnt recived my ilr yet how long its take time pls coz i m vry stress every day i check my door to see may my ilr post come

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

      Hi Waqar,

      Thank you for your enquiry.

      Should you have applied for your application via the postal system, current processing times are roughly 4-6 months.

      Hope this helps.

      • waqar

        Hi frnd i rec my ilr rfused today caoz before i apply for ilr i have no job for 3mnth thats the reason i m very upset about that i strugle and wait 2year more or any other option coz no appeal as well

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

          Hi Waqar,

          Unfortunately the only way you could stay on would be to resubmit your ILR application or go through an appeal process. You can fast-track this process but it does cost extra. Unfortunately we can not assist with the process once an ILR has been refused.

          • khalid haroon

            Hi , i have my IRL for the last ten year but i wasnt staying pemanently in the UK but now i have been staying in uk for 12 month , can i apply for british passport or i will have to stay for fuve years

  • Suresh

    Hi John,

    Firstly, thank you for this informative article. I have a couple of questions that I was hoping you could help me with. My parents are currently looking to apply for a Biometric Residence permit (BRP); they were both given ILR over 30 years ago. Their nationality is Indian. However, having looked looking at the BRP form, I have a few questions:

    1. Can more than one applicant apply in a single envelope (in which case, is there one fee or two)?

    2. Do they need to complete ‘Section 2-Dependants Who Are Also Applying’ because it asks for details of your Spouse and Dependants. I’m presuming not unless the spouse is a dependant?

    3. Which documents do they need to include – All old Passports or just latest one?

    4.
    My Mum is currently applying for jobs and needs to show workplaces a ‘Right to work’. If she sends her Passport with her application, she won’t be able to prove her right to work. Will the Home Office accept copies of her Passport?

    5. If we include a stamped, addressed envelope, do you know whether the documents will be returned in that?

    I appreciate that this is a long email but any response would be greatly appreciated.

    Kind regards,

    Suresh

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

      Hi Suresh,

      Thank you for your enquiry. Can we possibly email you these answers?

      • Suresh

        Hello, thank you for you quick reply. Email is fine – my email address is custom_made@hotmail.com. Thank you in anticipation.

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

          Thanks Suresh, we’ve asked our visa team to assist with answering your questions and will be in contact shortly. Have a great weekend.

  • waqar

    Ye i apply postal tnx for information

  • hana

    Hello John!
    i got a spouse visa which is available until 2016, after spending 6 months in uk my husband got a job in dubai and we left the country. my question is: is it true that if i spent more than 6 months outside of uk my visa will be no longer valid? do i have to go back to uk before completing 6 months abroad?

    thank you

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

      Hi Hana,

      Your visa holds validity, until its expiry date, so you will have valid UK status up until 2016.

  • Fayaz

    Hi

    I got my entry clearance for Tier 1 (General) from 2 December 2009.I travelled to the UK on the same day and then I travelled to the UK in and out for a once in two months and moved to the UK to live from 20 July 2010. I may have about 150 days absence in the first 12 months starting 02 march 2010 to 02 march 2011 and thereafter I do not have absences of more than 40-50 days in the next 4 years.The absences are short holidays and work trips. Since I will be completing 5 years and 3 months on march 2, Will I be eligible to apply for ILR??? Is the absence total 180 days in the last 5 years or 180 days for every 12 months??? My five year period is between march 02, 2015 to march 02, 2010. please reply….

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

      Hi Fayaz,

      You would still qualify for ILR as the ruling for time spent out of the UK is 180 days in each of the five years. Because you are within these parameters and you entered the UK within 90 days of your Visa being issued this will not be a problem.

  • jay

    Can anyone apply for ILR if enters in uk at the age of 17 and been living for more than 9 years now…

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

      Hi Jay,

      For us to determine if you qualify for Indefinite Leave to Remain (ILR) and, can you please provide the following information about your immigration history:

      1) What date did you first arrive in the UK?

      2) What visa/s have you been on?

      3) Is it just for yourself or do you have dependents who wish to apply too?

      4) When does your current visa expire?

      We look forward to hearing from you.

  • waqar

    Tnx for rply me but sir can u tell me hkw much gonna b cost extra coz now i effort expensis for appeal bjt i cnt w8 for 2year more

  • Mr. Debo

    Good day guys, thanks for the good work as usual. So i finally applied for SET(M) via premium service in croydon and i had all documents they requested for. My appointment was for 6.30 PM and i had biometrics done at around 7PM. About 30 mins later, i was told i will have to go because a decision could not be made as further enquiries had to be done and the team to do that have closed. Please do you have any idea if this usually happen and how long i have to wait for ? The reason i am saying this is because my mum has cancer and i am the only remaining child and she lives in my home country, my aim was to get my settlement and go be with her for at least a month while she undergo chemotherapy. Please what advice would you give me right now? I really need your response. How long do i have to wait to contact The home office?

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

      Hi Mr. Debo.

      It is unusual that you do not find out the result of your application when using the premium service. In a complex case it may be delayed by two or three days at most.

      I would suggest waiting a day or two and then returning to see whether your Indefinite Leave to Remain has been issued.

  • Mary

    Hi. My friend’s been given ILR in 2010 but she had to finish secondary school in her country. But she’s been visiting UK almost every year since then. And now she has started staying here. Is it true that she’s no longer allowed to register for citizenship? Her mom has been a british citizen for a long time now.

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

      Hi Mary,

      If your friend has lived in the UK for 12 months on her ILR status, and has not been out of the country for more than 90 days, she is allowed to apply to Naturalise.

      Regards,
      John

      • Mary

        But she hadnt stayed for 5 years yet?

      • Mary

        Hi john, but she hasn’t stayed for 5 years yet. How will that happen?

  • bhav

    hi i have my tier 2 visa grant in july 2013 to feb 2016 so how early i can do my extension and after when can i apply for ILR please help me and advise me ,

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

      Hi,

      There is no timeline as to when you can extend, but we do advise that you extend at least 3 months before the visa expires. You will only be able to apply for Indefinite Leave to Remain after you have been in the country for 5 years.

      Regards,
      John

  • Paul

    Hi First Contact,

    I’m looking to apply for ILR. I have now been in the UK for 5 years, 2 years under Tier 5 and 3 years under Tier 2. Do the 5 years in total under those 2 particular visa’s qualify for the ILR requirement of 5 years residency? Thanks for your advice!

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

      Hi Paul,

      Unfortunately the Tier 5 does not count towards the 5 years for ILR.

      You would need to work for 5 years on your Tier 2 visa in order to apply.

  • Lijo George

    Hi
    I am in UK for the last 4 years and one month on Tier 2 . My Tier 2 visa is expiring after 5 months(all together it will be 4 years and 6 months) . My company is ready to extend my visa . But Do I need to apply tier 2 visa for the for just 6 months to make it 5 years . I know I can get PR after 5 years. Is there any option I can apply for PR after 4 years 6 months. Please let me know
    Lijo

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

      Hi,

      You will have to extend your Tier 2 to qualify for Indefintie Leave to remain.

      Regards,
      John

      • Lijo George

        Hi ,
        Many thanks john. If I apply Tier 2 again . weather I will get visa for 3 years or just 6 months
        Regards
        Lijo

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

          Hi,

          My assumption in your case is that you entered the UK 90 days after your visa was issued, because it is expiring before the 5 years?

          If that is the case, you will need to extend, and the visa will be valid for another 2 years, in which you can apply for ILR.

          If you entered the UK within 90 days of your visa being granted ie 85 days and you are 3 months short on your visa, then you can apply for ILR.

          Regards,
          John

  • Karen

    Hi, if my husband is granted a spouse visa to live with me in the UK, how soon after he has been granted the visa must he come to the uk and how many days is he allowed to be out of the country during the 33months of the first visa? Thanks for your help in advance. Karen.

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

      Hi Karen,

      Hi,

      There is no set entry date, he is welcome to enter any time after.

      The time out of the UK is not important in the first phase of the spousal visa, it is all geared towards Indefinite Leave to Remain and the 180 day rule.

      Regards,
      John

  • Phillipa

    Hello,

    I have been in the UK since August 2007. I was on a working holiday visa for 1 year. Sponsored on a work permit for 2 years and have been on a Tier 1 Visa for the past (almost) 4 years. Can I apply for ILR using a combination of the Work permit and Tier 1 time spent working in the UK?

    I have also lost my original passport which had my original work permit in. My current passport dates back to 2012. Will this be an issue when applying? I know all the trips I made out of the country which account to much less than the 180 days per year but I just won’t have the passport to show proof of entry and exit each trip. Is this going to be an issues when applying?

    Finally, is there a way I can submit my application without my passport as I am worried about the amount of time I will be without my passport and I may need to travel for urgent reasons.
    Thanks, Phillipa

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

      Hi Phillipa,

      You can apply for ILR on the combination of your Tier 2 General and Tier 1 visas, and you will have to hand in your current passport to apply.

      Do you have copies of your original passport with the work permit, and do you have a record reporting your passport lost?

      Regards,
      John

      • Phillipa

        Thanks for your reply. I have only just discovered it lost so I don’t have a record of reporting it lost. I am not sure whether I have copies any longer either. What are the consequences if I don’t?
        Thanks,
        Phillipa

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

          Hi Phillipa,

          You will need to report it lost and get that documentation, the rest of the information can be gathered before you submit your claim.

          • Phillipa

            Thanks John. When you say ‘report it lost’, do you just mean to the Passport office? I assume I will then use notification of the report as part of my application?

            Another round of questions sorry! My current contract (which has lasted for 6 years) ends in June and I will be going on maternity leave then. Am I able to apply whilst I am not working and on maternity leave? As I am a contractor, my contract ends and I will not have a job to go back to so just want to be sure I will not be jeopardising my chance by waiting until then to apply as we have a trip booked abroad and I can’t risk submitting now in case the passport is not back in time. Do 1st Contact offering a checking service whereby I can have my application checked for completeness before submitting or attending a same day appointment?

            Thanks,
            Phillipa

  • Debo

    Good morning John and thanks for answering all my questions in the past months. You have been a great help. I am glad to announce that i got my ILR as a spouse of a british national on the 23rd of this month. Now i just found out that i can actually apply for british passport immediately because prior to my application for FLR(M) in 2012, I was on student visa from 2007 till 2013 when my FLR was granted. Is it true that i have qualified for the 3 year residence as a spouse of british citizen and at such i can apply for british passport right now? My major concern is i have spent over about 120 days out of the country in the past 12 months because my passport expired and i had to apply for a renewal in my home country which took over 30 days to process due to a mistake on the passport when issued. please i will appreciate a quick response from you John. Thank you.

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

      Hi,

      I would need to look at all your
      documentation, and details in order to do an accurate assessment.

      Please send me an email address or
      telephone number in order for someone to contact you

      Regards,
      John

      • Debo

        My email address is nga3@sky.com and telephone 07432813766

  • John Fynn

    Hi,

    I have a Ghanaian passport and Indefinite Leave to Remain, but the Indefinite visa has expired and I have got a new passport without a visa in it. And I’m travelling to Spain, I was wounding if I could still be able to obtain a visa from the Spain consulate or would I still be able to travel If I have both passport.

    Thanks

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

      Hi John,

      Yes you can travel with both passports.

      How long have you had Indefintie Leave to Remain, and have you considered naturalising?

      • John Fynn

        10 years since 2005

      • John Fynn

        Hi,

        I have had my ILTR for 10 years now and yes I have, I would probably do it after my holiday.

  • Dong Ling Tong

    Hi,
    I am looking for apply ILR on the basis of long stay residence. I have been in the UK since September 2005. I was on a student visa for almost 5 years. Then I got a Tier 1 Post Study Visa for 2 years, followed with 2 Tier 2 Visa for a total of almost 3 years.
    I know by this September I will be staying in the UK for 10 years. But, my Tier 2 visa is going to end by end of May 2015, meaning that I am short of 3 month-ish visa to meet 10-year long residence.
    Can I apply for ILR with 9 years 9 months stay? Or if there is any alternative routes that I can take, e.g. FLR on the basis of long stay residence?

    Many thanks,
    Dong

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

      Hi Dong,

      I would like to contact you.

      Please let me have an email address or telephone number?

      Regards,
      John

      • Dong Ling Tong

        Hi John,

        My email address is
        Tongdl04@yahoo.com

        Dong.

        Sent from my iPad

      • Dong Ling Tong

        Hi John,
        Thanks for getting back to me. My email address is
        Tongdl04@yahoo.com

        Thank you,
        Dong.

      • Afisi

        Hi John,
        My wife is in a similar situation such as Dong. Shes being a student visa for 9 years and 5months but her visa runs out in June. She is due for ILR Jan 2016

  • Dany

    Hi I am already a holder of ILR (wife is a British citizen) but been outside the uk for almost 12 years with at least two trips a year back. Now I am moving back to live in London. Is there anything I need to do? During this whole period I have held a flat that has been rented out (all rental documents are in my possession ). Also when can I start the process to apply for the British citizenship.
    Thank u

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

      Hi Dany,

      Unfortunately Indefinite Leave has its requirements that you need to meet before naturalising, and based on what you have said you may need to stay for 5 years before applying.

      You need to be ion the country for 180 days for the last year, and no less than 450 days in the UK in the last 5 years.

      If you would like us to do a proper assessment, please let us have contact details, and we can do a proper assessment.

  • Anjo Tolentino

    Hello, Im just wondering Its been more than 2 week since I did my biometric schedule, until now my biometric card is not here yet. how long does it take before they gonna deliver my card? btw its ILR this is my last renewal. Thanks!

  • Anjo Tolentino

    Hello, Im just wondering Its been more than 2 week since I did my biometric schedule, until now my biometric card is not here yet. how long does it take before they gonna deliver my card? btw its ILR this is my last renewal. Thanks!.

  • Monique

    Hi, My Tier 1 Visa was valid from 10 November 2009, but I was only able to enter the country on the 10 May 2010. I have since renewed my visa twice and currently have a second visa extension that would last until August 2017. But as I understand it I become eligible for ILR on 10 May this year as I will have been resident in the UK for 5 years. What is the earliest that I can apply, as I have read in other places that you can apply up to 28 days before you become eligible but can’t find it on the UKBA website. Also I will be applying with my husband as my dependent, do we have to submit two forms or will the SET(O) form cover us both? Thanks in advance!

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

      Hi Monique. We’d be happy to assist you with your ILR application. Can we email through a response (it’s quite long)? You can apply for your husband’s paperwork at the same time and we can also assist with this.

  • VJDJ

    Hi John,
    Im an indian citizen in the uk since 2009 january. After the completion of my studies I had applied for an extension on the basis of my fiancée being a EEA national and had been granted “Resident card of a Family Member of an EEA National for an extension period of 5 years. My visa being valid now until 2018 January. I would like to know if i could apply for ILR on the basis that im still living with my fiancée or should I apply on the basis that i qualify for ILR on the 10 year long stay residence ?

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

      Hi,

      As you now hold a European Residence card, you will need to wait until you have reached 5 years continuous residency on you EA Residence card.

      Unfortunately you cannot combine European Law with Immigration rules and regulations.

      Hope this helps.

  • John

    I qualify for ILR on the basis of 10 year long residency at the end of this year. A few months ago I was given a conditional discharge. I know you have to wait 24 months post conviction for a successful application.

    Can I not declare this as a conviction on the form considering the outcome of this appeal here: https://tribunalsdecisions.service.gov.uk/utiac/2014-ukut-314

    If I don’t, and they find out when applying in person, will I have to submit a fresh application or can they just give me FLR (for which I know I qualify anyway) or will I lose my fee and get a rejection and potentially be done for deception for failing to declare? Do they give you a right of appeal automatically upon rejection? Please advise. Many thanks.

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

      Hi John,

      This query would be better dealt with by a solicitor as the legalities around this application would require information which we could not provide.

      • John

        Hi there, thanks for the reply. Would that be a criminal solicitor? Would you as an immigration expert not be able to help me apply through you and pay for the services? Or at least advise what would be the best path to follow in your opinion? Cheers, John

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

          Hi John,

          A solicitor would be best suited to assist you under these particular circumstances. One solicitor that could assist is Peter Lock and Company, Solicitors peter.lock@peterlockandcompany.com

  • Anjo Tolentino

    Hello, Im just wondering Its been more than 2 week since I did my biometric schedule, until now my biometric card is not here yet. how long does it take before they gonna deliver my card? btw its ILR this is my last renewal. Thanks!

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

      Hi Anjo,

      Your passport will be sent back upon final processing of the visa, this may take a few weeks however could take longer.

  • Anjo Tolentino

    Hello, Im just wondering Its been more than 2 week since I did my biometric schedule, until now my biometric card is not here yet. how long does it take before they gonna deliver my card? btw its ILR this is my last renewal. Thanks!.

  • Anni

    In dec 2014 I have applied for ILR . Last month I got a letter stating that they need some proof of documents,as per their letter I have submitted every thing last week.
    After submitting all the documents how many days it will take for my passport to come?

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

      Hi Anni,

      Unfortunately we are not able to advise how long it may take to be in receipt of your passport.

      It may take a few weeks, however may take longer.

  • shisuwa

    John

    I qualify for ILR on the basis of 10 year long residency at the end
    of 2014. I had been applied ILR on end of NOV.2014. My passport is not return back yet. As I have a plan to go holy day on next month with my 87 yrs mother.What will be sweet table solution and how long take time to get my passport back? Hope you will be salve my problems.

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

      Hi Shisuwa,

      From the date of final completion of your application, it mat take roughly a few weeks to receive your passport back. However applications lodged via the post may take roughly 4-6 months to complete.

      We would suggest that you get in touch with the UKBA, their contact number is 0300 123 2241.

  • Sarah

    Hello, seeking your advice as I had a permanent residency years ago with work permit and to remain freely in the country but I left the UK for more than 20 years now . So In order to re enter shall I apply to the normal tourist visa or I can Reactivate my permanent residency again ? If so what’s the process ?
    Thank you

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

      Hi Sarah,

      Unfortunately your indefinite leave to remain status will have been revoked. Therefore you would need to apply for a UK visit visa.

      Please let us know if we can be of assistance in this regard.

      • Sarah

        Thanks a lot for ur response

  • Mohammed Imran Ahmed

    HI

    I’m looking to apply for ILR. I have now been in the UK for 5 years, 2 years under PSW(POST STUDY WORK) and 3 years under Tier 2 (WORK PERMIT VISA) . Do the 5 years in total under those 2 particular visa’s qualify for the ILR requirement of 5 years residency? Thanks for your advice..

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

      Hi Mohammed,

      Unfortunately the PSW Visa would not contribute towards the 5 years of settlement needed in order to to gain ILR. The five years will need to be done solely on the Tier 2 General.

  • Sandor

    Hi John,

    I have two questions. I have an ancestral visa which I took up on Sept 1st 2010. The visa was issued on 11 August 2010. When is earliest I can apply for the ILR? Do I have to be here full 5 years to date of Sept 1st?

    Lastly- I have a wife and 3 kids, all dependants of mine on the ancestral visa. Am I able to do the Premium service and they do the regular service or does it all have to be the same?

    Thank you in advance for this facility!

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

      Hi Sandor,

      Yes you need to to wait the full 5 years, and you can apply 28 days before your visa expires.

      You are also able to submit the applications premium and postal, however they will need to be done at the same time.

      If you are using our services, I highly recommend contacting us sooner, to ensure that your applications are done on time.

      • Sandor

        Hi John. Thanks for the reply. So will I have to get an extension on my ancestral visa to get the full 5 years which will be on 1st September which is when we landed in UK? (ancestral visa expires on 11th Aug)- When exactly can I apply based on those two dates?

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

          Hi again Sandor,

          You can apply for the Indefinite Leave to Remain, and not an extension.

          If you entered the UK within 90 days of your visas start date, it is seen as continuous residence.

          • Sandor

            Hi John.

            Is there any way for me to keep my passports (expired passport has the actual Ancestral visa) yet apply by post for the ILR?

            Thanks :)
            Sandor

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

            Hi Sandor,

            Unfortunately you will need to submit both passports.

          • Shourov

            Hi where and how can i post questions?

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

            Hi Shourov,

            You can get in touch with our visas team directly by emailing immigration@1stcontact.com or any of these methods:

            http://www.1stcontactvisas.com/index/contact-us.aspx

  • LaurenE

    Hi. I have ILR already. My passport is due to expire in Feb 2016 and I travel every month with my job in the UK. I’d like to wait to renew my passport until after I get married in August so I can change my name at the same time. Will I be let back in the UK if there are less than 6 months left on my US passport?

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

      Hi Lauren,

      You will be allowed to enter the UK on your current passport, without a problem.

  • michelle

    Hi there, I have had ILR for a few years but am moving back to Australia for the foreseeable future (might come back, might not). Will my ILR run out or be revoked? Or can I still move back here in 10 years if I want? Just wondering if I should apply for a British passport before I leave (although this could be problematic as I still have my maiden name on my passport and biometric residents card!).

    Thanks

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

      Hi Michelle,

      If you should spend two years consistently out of the UK without reentering then your Indefinite Leave to Remain would become invalid.

      You could file your Naturalisation application and you could use your marriage certificate to account for the name change.

      Let us know if we can be of assistance in this regard.

  • Wayne P

    Hi,
    I’ve had my I.L.R since 2007…I’ve now reached the stage where I would like to apply for citizenship/residency.
    I know that I need to pass the Life in the Uk test but I’m unsure about the new requirement regarding English proficiency and how to go about proving it ?
    Please could you give me some more info ?
    Thanks
    Wayne

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

      Hi Wayne,

      In order to meet the English language requirement you would need to do the level B1 English Language exam and this will form part of the application.

      • Wayne P

        Thanks,
        I’ve been living and working full-time in the UK for about 15 years and my son was born in Carlisle in 2008 (I separated from my British wife about 5 years ago ,not officially divorced) ..do I need to go through all of these processes ?
        Regards
        Wayne

        Subject: Re: Comment on Indefinite Leave to Remain made simple

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

          Hi Wayne,

          If you are a South African National you will need to write this before filing your application. Your residency in the UK would not change this fact, if you have a Degree or Masters that was taught in English then this would make you exempt.

      • Wayne P

        ok…thank you

        Subject: Re: Comment on Indefinite Leave to Remain made simple

  • JS

    Hi John,

    I wonder if you can help?

    I have been married to a british national and applied in December of 2011, where i was eventually granted a 2 year visa in 2013 that allowed me limited leave to remain.

    Can you advise if I am now able to apply for the ILR at the end of this 2 year period. I am asking as I am slightly confused about the recent change of rules in July 2012.

    I just need clarification on whether the new rules applies to me knowing that my application was made long before the changes.

    Thank you in advance for your assistance.

    Kind regards,

    J

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

      Hi J,

      You have been granted the initial 2.5 year visa which is correct, and you will need to extend now for the second 2.5 year visa. You will then be allowed to apply for Indefinite Leave to remain, if you meet the requirements.

      The surcharge on your visa is the only effect the changes in April will have on your application.

      Regards,
      John

      • JS

        Hi John,

        Thank you for your speedy response.

        So just to confirm I have to complete the 5 years before I am able to apply for ILR.

        So would not be able to get this until 2017.

        Regards,

        J

  • Layla

    Hi.I entered Uk September 2011..Am I allowed to apply for ILR After 5years?Thank You…Looking forward for your answer please..

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

      Hi Layla,

      We have sent you an email.

  • Guehita

    Hi, it’s really insightful reading all these comments but i have got a question of my own: i have a residence card which was issued to me in june 2010 as a family of an eea national but this card expires in june of this year 2015. i have put in a divorce since november of last year but there seems to be a problem of the respondent receiving the divorce papers as he keeps saying he is yet to receive anything. It has been confirmed by the courts that such papers have being served but i had to pay an additional £10 for it to be re-served. What i want to know is if it would be possible for me to apply for ILR after my divorce, do i qualify for it? And how do i go about applying for it as my residence card expires in june and my divorce is yet to go through? What do i really do?

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

      Hi Guehita,

      You can apply for permanent residency 28 days before your current residence card expires.

      If your divorce goes through before your permanent residency is granted, your stay is no longer valid, and you will be required to leave the UK.

      My suggestions is to hold off on the divorce for now.

      Kind regards,
      John

  • Veronica Murphy

    Could you let me know the requirements for retiring from the USA to the UK, I am a British citizen, and my husband is a U.S. Citizen.

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

      Hi Veronica,

      Your husband, the USA citizen, would require a spousal visa, the application can be made on either cash savings and or annual pension to meet the financial threshold.

      Let me know if we can be of any further assistance.

  • Ekram Hoque

    Hello there,
    Very Recently I got ILR , I was tier 4 student . My wife and son is in student dependent visa which will expire in April 2016. After 8 months they will also qualify for ILR following there 10 years residency in the UK . My question is – do they need to apply to change their dependent visa now , as I am no more in student visa ? Can they carry on their student dependent visa up to expiry date?
    Thanking you
    Ekram hoque

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

      Hi Ekram,

      Unfortunately your wife and child do need to apply for a new visa. Ideally it would have been best to apply for theirs at the same time as your ILR. You cannot wait until their visa expires as they no longer hold a valid status because you switched your status.

      Having limited amount of information, the best advice is that they switch to a spousal visa and dependent.

      When exactly did you acquire ILR?

  • mark

    I am entered UK on tier 4 visa on june 2011(NON EEA) & stayed with the EEA national as partner start from 20/06/2012 for at least 1 year(still on tier 4 visa) but we are getting tax credit from HMRC as partner start from 20/06/2012 and we got married on 19/07/2013.
    UKBA give me residence permit on nov13 for 5 year as a family member of EEA national.
    1 My question is when can i apply for Permanent residence ?
    2 In which law i am under before 9 july2012 or after 9 july 2012 ?
    3 Can i use the period of 1 year which we stayed together before getting married ?
    4 If i apply for PR can i use the period of student visa ( as law full duration of 5 year) ?

    5 if we get separated before 3 year of marriage what is the status for non EEA member ?
    6 if we separated after 3 year of marriage then what is the status of non EEA ?

    • mark

      can anyone answer my questions as well :p

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

        Hi Mark,

        Once you have spent 5 years on the EU Residence Card you will then have the ability to apply for Permanent Residency.

        Because your application is on the back of an EU partner is would full into the five year category.

        Your five years will need to have all been accrued on your Residence Card.

        Once you have gained your PR then your marital status would no longer be relevant.

        • mark

          I got it i need to spend 5 year on EU residence card but if we get separated by divorce after 3 year whats my rights & what i will get it after divorce another residence card or PR ????

  • Dan

    Hi,

    I am currently on a Tier 2 visa and been living in UK since June 2007.

    I was initially on a tier 4 student visa and was granted a PSW visa in November 2011. I was sponsored by my previous employer, however my visa was rejected due to errors on the application, which meant that i had to leave the country and re apply. I left UK on 16th of July 2014 and managed to re apply within 3 months of leaving the country and the visa was granted on 22nd of October 2014. I am back in UK now on a tier 2 visa (Arrived 9th of November 2014).

    My question is, would my time away from UK stop me from applying for ILR in June 2017?

    If not, would your company be able to help me get the ILR?

    Thanking in advance,

    Dan

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

      Hi Dan,

      Unfortunately you cannot count your time in the UK as continuous by combining visa categories. You will need to be in the UK for 5 years on your initial Tier 2, the extension, and then apply for ILR.

      Please give us a shout if you need any further assistance.

      • Dan

        Hi

        Thanks for the reply.

        I thought otherwise, my understanding was that if you have lived in UK legally for 10 years then you can apply for an ILR, regardless of the visa category? I thought combining the different visa’s were fine?

        Is that not the case?

        Thanks again,

        Dan

        Ps. I will definitely be in touch with you when i am ready to apply for my ILR, as my previous lawyer’s mistakes meant that i had to leave the country for few months. Certainly don’t want that to happen again.

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

          Thanks Dan.

          Unfortunately because you did not hold valid visas throughout the 10 years you don’t qualify for 10 year long residency.

          You’re welcome to give us a call if you want to discuss this further or we can call you back. Our number is 0207 759 7500.

          • Dan

            Thanks… I will be in touch soon.

            Thanks again

  • Theodore Hammond

    Hi
    could you help me with these questions.
    I have been married with my spouse who is an EEA citizen for 7 years.
    I am Nigerian and have an EEA Family permit since March 2013 valid until March 2018.
    I have been married and living outside the Uk for 4 years before entering the UK in 2013. Is there any law allowing me to apply for ILR after two years stay in the UK?
    Thank you for your response.

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

      Hi Theodore,

      As you hold the 5 year Residence card, the earliest date you may be eligible for ILR would be 28 days prior to your 5 year residence card expiring.

      Hope this helps.

  • Tim Stevens

    Hi,

    I was wondering if you could answer this question, I have indefinite leave to remain and I’m returning to the UK 3 weeks before the 2 year limit would kick in, but I have 2 holidays booked and the last one would be straddling the date that the 2 year limit, will these affect my ILR?

    Thank you

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

      Hi Tim,

      Unfortunately on the in order to gain Indefinite Leave to Remain or Permanent Residency you will need to do so after spending five years consistently in the UK on your Residence Card.

      • Tim Stevens

        Hi,

        I’m sorry, my question wasn’t clear, I already have indefinite leave to remain, my question was more around the conditions of indefinite leave to remain, is there somebody that I can call on the phone to discuss and get advice?

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

          Sorry for the misunderstanding. We have offices in the UK, South Africa and Australia. Which number would you prefer? You can also email us at visas@1stcontact.com and we can call you back.

          • Tim Stevens

            Australia please

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

            Hi Tim,

            Our Australian number is 1800 039 300 and it’s a free call within Australia.

  • Lovlesh Beharry

    Hello,

    I had a query in regards to applying for my indefinite leave to remain.
    Basically, I came in the UK in September 2005 to study after which I started working here. I am currently in the 4th year of my Tier 2 migrant visa. I am aware that I need to have spent 5 years under this category before being eligible to apply for my ILR. However, I am also aware of the possibility of applying for my ILR under the Long Residence category as I will have legally spent 10 years here by September 2015. I recently got married and my wife has been living with me as my dependent for the last year and a half.

    My query is as follows.

    Will I be able to apply for my wife’s ILR as my dependent together with my application either under the long residence category or after I have completed 5 years under Tier 2 category?

    I would really appreciate some guidance.

    Many thanks.

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

      Hi there,

      You have a couple of options available to you, the issue is each option has its pro’s and cons.

      You may be eligible for the 10 year long residency, but the application takes more than 6 months and you will be without your passport. The best option is ILR, because of the fast track, and the benefit for your wife.

      Please send us an email on immigration@1stcontact.com, or provide me with contact details, so we can contact you and give you all the options, and all the details around them.

  • Sohaib Sadiq

    Hi, I am having one question, you might be able to answer me. I came here in UK in 2009 (to study Masters in Analytical Chemistry) under TIER 4 General Student Visa and brought my wife and kids in January 2010 under TIER 4 General Student Visa Dependent. After my MSc I completed my PhD and now I am on Doctoral Extension Visa scheme, My present visa expires in March 2016.
    Can I apply for ILR on the basis that I am living with my family/children from Jan 2010 (6 years in Jan 2016)? Children are school going. As I heard that If I stay here with my family/children, I can apply for ILR after 5 years?

    Awaiting your comments in this matter, please.

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

      Hi Sohaib,

      You will not be eligible for ILR on your visa category.

      Your only options would be to find someone to sponsor you, or continue studying and apply for 10 year long residency in a few years.

  • Gary McNaughton

    Hi

    – I have been living in the UK on an Ancestry Visa may i ask what requirements do they ask for – Entered the UK on 03/06/2012

    – Do i have to live here for 5 years before i can apply for my ILR even if my UK Ancestry visa will be near expiry date.
    – Can i not start applying for it now?

    I have been working non stop and paying my taxes been out the country on 2 separate occasions in Berlin 2013 and South Africa 2015, no more than a month.

    Email: importantdocs1989@gmail.com
    kind Regards
    Gary

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

      Hi Gary,

      We have emailed you.

      • Pete

        Hi, my question is the same as Gary’s. How early can I apply for ILR before the ancestry visa expires? And if it took me 4 months to find work after I arrived will I have enough evidence of full time work?

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

          Hi,

          you are able to apply 28 days before your visa expires, the 4 months will not be an issue.

  • sandesh dhakal

    As I have been here since dec 2014 as a dependent child of my father . He is in tier 2 (general ) work permit visa , now recently he got an ILR . Since at the time of entry in the UK I was under 18 but as now I am over 18. As I am over the age of 18 i will no longer be viewed as a child and would need to apply for a visa under a different category in my own name and not as a dependent. So which category or grounds should I apply for visa to extend? Ur regards are valuable . If u feel free to reply as a email , u can at sandeshdhakaljan@gmail.com

  • sandesh dhakal

    As I have been here since dec 2014 as a dependent child of my father . He was in tier 2 (general ) work permit visa , now recently he got an ILR . Since at the time of entry in the UK I was under 18 but as now I am over 18. As I am over the age of 18 i will no longer be viewed as a child and would need to apply for a visa under a different category in my own name and not as a dependent. So which category or grounds should I apply for visa to extend? Ur regards are valuable . If u feel free to reply as a email , u can at sandeshdhakaljan@gmail.com

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

      Hi Sandesh,

      It’s probably best for you to give us a call to discuss the details. Our UK number is 080 8141 2248.

  • Arthur

    Hello. Does the British citizen rules apply irrespective of the length of time spouse has been a citizen? Example: EU partner acquires British citizenship based on 5 years residence + 1 year PR. Non-EU spouse has been in the UK for at least three years. Can the non-EU spouse apply for naturalisation (as the spouse of a British citizen) from day 1 after EU partner obtains citizenship? Thanks for the help!

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

      Hi Arthur,

      Unfortunately the time your spouse has been a citizen does not affect your application. You should be on a residence card, and you will be able to apply for ILR after 5 years, or 2 remaining years. If you switch to a spousal visa on your partners new status, it will only extend the time you need to be in the UK before you can apply for ILR.

  • Ryan

    Hello,
    I have lived in the UK for the past 5 years, as a student under Tier 4 visa. I haven’t left the UK for more than 450 days in the past 5 years.
    Will I be eligible to apply for the British passport?

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

      Hi Ryan,

      Unfortunately you will not. There is a residence step before you apply for a passport, and you are unable to apply for residency from a Tier 4 visa category.

      The other issue is even if you are able to study in the UK for 10 years, you may not apply for the 10 year long residency visa because you cannot be out of the country for more than 540 days in total.

      Your only option is a company must sponsor you.

      Please do not hesitate to contact us if we can be of further assistance.

  • zi

    My spouse visa is abt to expired can i still,travel abroad

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

      No, you will need to extend your spousal or apply for ILR depending on your circumstance.

      If you leave the country and your visa expires, you will not be allowed to return, unless you go to your home country and apply for a new visa.

      We can assist in the renewal/extension of your spousal visa.

  • Carolina

    Hi

    If I have been in the UK with Tier 2 General for one year and I switch to Tier 2 Dependant, do I lost that year in the count for the five years needed to get ILR?

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

      Hi there,

      You will lose out on the initial year.

  • Gary_Baldi

    Equiring on behalf of a friend –

    She’s a Philippino who married a Phippino man in the Philippines who’d obtained UK citizenship some years prior. She arrived in UK on a spouse’s visa, possibly before 09/07/12; they now have a 3 yr old child born in UK. Her husband did not allow her to apply for ILR nor citizenship, instead renewed he current visa

    However, their marriage has broken down and he wants her to return home in exchange for the offer of maintenance, threatening to contact UKBA with a view to cancelling her current visa. She wishes to remain in UK and has been offered accomodation with another friend, although has no current means of supporting herself.

    My question is, could she apply for ILR or an extension/conversion of her current visa based on the needs of her child and could she work to support them both. She’s a bright young woman (25 yrs) with pretty good English. My email – rwfb@gmx.co.uk

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

      Hi,

      We have sent you a mail.

  • Faramerz Khambatta

    Hi,
    My 19 year old daughter, a Pakistan national has now been a full time student in the UK since the last 6 years. 5 years of school and now 1 year of Uni. Is she eligible to apply for a ILR. In these 5 years she has not spent more than 450 days out side the UK .

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

      Hi,

      You cannot apply for ILR off a student visa.

      Your daughter will need to continue studying for 4 years, and apply for a 10 year long residency visa.

      • Faramerz Khambatta

        Thank you that explains it. Just one more query. If she were, during the next year or so, to get a EU passport ; which would mean a change of visa status i.e. from foreign student to a EU student, can she still apply for her 10 year long residency visa on completing 10 years of legal stay since she started off as a foreign student in the UK ( in 2009) – or would this mean that she would now have to apply for her ILR after 5 years from her getting an EU nationality ?

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

          Hi,

          If your daughter were to get an EU passport, it would not be able to be added to her studies for 10 year long residency. She would need to wait the 5 years and apply for ILR.

  • Harthinee Murugiah

    My mum is Malaysian citizen , she been granted 6 months tourist visa..we plan to go to europe for a 3 days holiday when we come back to uk will my mother granted another 6 months visa

    Thank you
    Arti

  • Gurdeep

    I wanna ask you something actually I have got dependent visa and I came in uk February 2015 just two and half months ago. My wife had got Tier 2 general visa in February 2014 for three year Until February 2017. She came here in 2011 under tier 4 after one year she got the PSW for two years. So my question is can we apply for next extension and if we got the extension, can we eligible for ‘indefinite’. After finish the five years time period of Tier 2.

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

      Hi Gurdeep,

      Yes you can extend the Tier 2 for 2 more years, and if you meet the requirements you may apply for Indefinite LEave to Remain after the 5 years

  • Ruchi

    Hi, My husband is going to apply for ILR after 2 months once he completes his 5 years continuous residency, however me and my kids are do not meet the 5 years “continuous residency” because of some exceptional circumstances i was out of UK in 2012 for 9 months, during which my dependent visa expired. However i got a NEW dependent visa and came back with my kids and have been living with my husband since 2 years. Now my question is do I & the kids (3 & 5 years) could still qualify for ILR as we would complete 5 years around the same time as my husband, but because of this BREAK in visa renewal / extension i am not sure. Please help…

    Many thanks

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

      Hi there,

      The answer actually depends on when you received your Tier 2 dependant visa.

      If you received it before 9th July 2012, we may be able to apply for ILR, but I would like to get that information and discuss it more with you.

      please provide a email address or telephone number so we can assist you further.

  • Aaliya Aaira Khan

    hi, i dont know if this relevant to the topic.I am 19 years old. my dad has german passport so he is a EU member due to him i got the residence visa for five years and it is expiring on the 15th july 2015. as i hold a pakistani passport. basically i have left 2 month of the visa i want to travel to pakistan for 2 weeks, would i be allowed to ebter the uk if i have 1 months left? my e-mail: aaliyaaira95@gmail.com

  • Aaliya Aaira Khan

    hi, i dont know if this relevant to the topic.I am 19 years old. my dad has german passport so he is a EU member due to him i got the residence visa for five years and it is expiring on the 15th july 2015. as i hold a pakistani passport. basically i have left 2 month of the visa i want to travel to pakistan for 2 weeks, would i be allowed to enter the uk if i have 1 months left? my e-mail: aaliyaaira95@gmail.com

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

      Hi Aaliya,

      We have responded by email but to reiterate: Yes you will be allowed to return to the UK. It is advisable to have evidence with you on your return that you intend to extend your stay/visa after your return.

      A job offer, studies etc

  • Pauline Donaldson

    My son, a UK citizen, is currently living in Australia. He wants to relocate to the UK with his wife and her two children. They are Filipino and currently resident in the Phililpines where they are in school. The couple were married in the UK last year while on holiday. They intend to live with us in our family home as we are retired and we need their help.
    The qs is how best to proceed and which visa to apply for?
    Thank you

  • Gazza33

    A close friend of mine has applied for ILR a month ago, her sponsor being her husband is abusive/violent and she wished to leave him asap. How would this affect her application? Thanks

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

      Hi,

      If your friends ILR is approved, if she leaves him it wont make a difference

  • derek king

    I am a British citizen born and bred here. My wife is Georgian and as I worked mainly overseas there was no need to apply for residence visa so we only applied for family visit visa which my wife now as a 5 year multi entry visa.
    However I have recently returned to the UK and would like to change my wife’s visa to one where she can reside here with me and also work.
    I own a property here in the UK (no mortgage) also work for the NHS (I am an engineer) so I have an income plus sufficient fund to support us both we have no children.
    Is it possible to apply for the change in visa here in the UK (my wife arrives in one week) or will she have to return to Georgia to apply.
    Your advise would be appreciated.
    Regards
    Derek King

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

      Hi Derek,

      Your wife will need to return to Georgia and apply for a spousal visa. You are not able to switch visas if you are on any category of visitors visa.

      • derek king

        Great thanks ever so much it is as we suspected. Is it simpler to apply ourselves or should we pay an agency to do this for us? I presume its the same paperwork required as on previous visa applications, proof of income, proof of house ownership etc.
        If you have any ideas to allow us to get this done smoothly I would appreciate.
        My wife arrives on Saturday and will stay until July and I would like her to take all necessary paperwork back with her.
        Regards

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

          Hi again Derek,

          The spousal visa requires the most evidence, and can be complicated. Using an agency will take all the stress out of the process. We offer this service and can prepare the full application for her in the UK before she returns home.

          All she would need to do is take the application we prepared with her and submit it.

          If you’d like more details, we’re happy to give you a call or an email. Otherwise you can call our London offices on 080 8141 2248 or email us at immigration@1stcontact.com.

          • derek king

            Hi could you forward me your contact details as I have emailed you this morning but it bounced back to me
            dkingrd@yahoo.co.uk

  • Art Padinit

    Hi, Art here.

    I’m on spousal visa since April 2011 from my wife’s tier 2 visa. We are eligible to apply for ILR this year’s month of september since this is the time when my wife’s visa will reach 5 years. We’ve been together in the UK since April 2011.

    My query goes like this.

    I have an 8 year old son(lovechild) who I have left in the Philippines when he was about 4 years old and have him educated on a private school on his nursery and kindergarten years. He is a dependent child for both of us, financially and emotionally. Eventhough he is not my wife’s biological son, she treated him as her own son since even before when he was 2 years old. In fact, me and my wife got married when my son is about 2 years old that time in the philippines and have seen him growing as a loving kid.

    My question is;
    Is my son eligible for ILR application through both of us or just me after we got our ILR this September?

    We are planning to get him next year so that 3 of us will be united in one place.

    Thanks.

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

      Hi Art,

      There are a number of issues you need to look at with respect to your child.

      If he has been living in the Phillipines for the last 3 years, who has he been living with? If the answer is his mother, grandmother or sister etc. then the UKBA will not accept that he is wholey and solely dependent on you, and he will not be granted leave to enter.

      There have been cases where the British Citizen adopts a child from a previous marriage. I am not advising this as your option, because there are many factors that need to be considered, and adoption is a legal process, which needs council form a solicitor.

      Regards,
      John

      • Art Padinit

        As a medical practitioner in the philippines, i was the one who solely took care of him since he was a baby. We lived together and provided him financially when I was in the Philippines. In short, I was the sole provider and sponsor in and out of the country. When I joined my wife in the UK, I handed over him to my parents care for an obvious reason that I was here in the UK. But all the decision making, care planning, financial support, and choice of school are under my responsibility and care. Communication is always there. In fact, i regularly(yearly) visited him to see him personally. He never stayed on his mother or his mother’s relative the entire time. He stayed and grew up with me and in our(my) household since the day when he was baby till today. I have read about the child visa (immigration rules) at GOV.UK site which is “the child of a parent or relative settled or applying for settlement in the UK”. It says that as the child of a settled parent or relative maybe appropriate in the following circumstances: where the child is coming to the UK to live with only one parent and either (options are) one parent is a british citizen or had INDEFINITE LEAVE TO REMAIN and that parent has had sole responsibility for the child’s upbringing – which is appropriate to my situation. And to known what sole responsibility means. It is defined under SET 7.8 under the guidance children ( GOV.UK site.

        What can you comment about this? Thanks

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

          Hi Art,

          As I mentioned these cases can be complex, and to start with I need to know:

          Whose names are listed on the child’s birth certificate?
          Where is the biological mother?
          Can you provide evidence you have been supporting the child financially?

          Please email your response to immigration@1stcontactvisas.com or leave your number so we can contact you.

  • Josephine Nyarko

    Hi my name is Josephine and I have 5years visa stay. I am a dependant on my father who is EU member. On this note my 5year expire in 2017. So what time exactly can I apply for the indefinite stay. Is it a year before the 5years expire or months before? My email: jozzyny23@yahoo.com

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

      Hi Josephine,

      If you meet requirements, you may apply 28 days before your current visa expires.

      Please ensure you meet the requirements before you apply, to avoid wasting your time and money. Your case may not be a standard ILR application, because you are dependent on your father’s status. We can assist with the application if you desire.

      Our email address is immigration@1stcontact.com. We’ll respond on your provided email address as well.

  • Rak

    Hi,

    I have got my ILR from 5 years continuous stay in the UK on Tier2 visa. My wife had dependent visa which was issued and extended with me when I was on Tier2 visa. I did not apply her ILR along with me. I am planning to apply that now. The catch is, she was outside the UK for the last one year as my mother passed away and she was the only one who could take care of my father who went in to depression. No his health got better and she returned back to stay with me. Is there any problem to apply her ILR now. She currently has valid tier 2 dependent visa.

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

      Hi Rak,

      We would need to get exact dates and times your wife was away, and when you were granted ILR, because your wife should have changed status when you did. Unfortunately we cannot give you a correct answer with the limited information you have provided.

      You’re welcome to email immigration@1stcontact.com with more details (please quote your original comment when doing so) and we’ll be happy to assist.

  • Andrea Moore

    Hi there I wanted to know if I could possibly e-mail somebody directly or speak to somebody over the phone as I have a query and I am stuck on what to do. My e-mail address is andremoore18gmail.com.
    Thank You.

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

      Hi Andrea,

      We have forwarded your details on to our immigration team and they should be in contact shortly.

      • Andrea

        thank you.

        Andrea

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

          Hi Andrea, our consultant David Penzhorn emailed you, he says he hasn’t received a response. Did you receive the email? The mail will have come from immigration@1stcontact.com.

          • Andrea

            hi there I havent received.the e-mail could somebody possibly give me a call instead if thats ok

            thank you

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

            Of course, what’s your number please?

          • Andrea

            Its 07980 134268

            andrea

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

            Thanks Andrea, we have passed the number on to our consultant.

  • Bill Thomson

    Hi, can anyone please advise how long my wife can be out of the uk on an Extended leave to remain visa. she obtained this in January this year and is currently visiting her son in China. We would like to know how long she can stay with him without affecting her ILR requirements.
    thanks.
    Bill

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

      Hi Bill,

      She must not be out of the country for more than 180 days in each year leading up to her ILR application.

  • H Sillah

    HI,
    I am a dependent child of a ILR holder. I am dependent upon my mother who recently gained ILR under 10 years long residency.
    I first entered the uk on sep 2005 (aged 9).

    My mother entered the UK in 2004 and has since been on work permit visa but accumulated 10 years here so she alone applied for ILR as it was under discretion due to some gaps in the work permit.

    I am 19 years old now and i want to apply for ILR. I still live with my Mother at the same address , have a part time job and still dependent on my mother. I was wondering if i will be eligible to apply as a dependent child of a settled person on form SET (F) ? if possible will i also be able to apply at PEO.

    Or will i have to accumulate 10 years residency on my own merits which will be September 2015 (bearing in mind that there have been some GAPS with my Mothers work permit visas over the 10 years and my visa status would be attached to hers – she has ILR now)

    will i be eligble for ILR now?

    I will really appreciate any advise.

    Thank you.

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

      Hi,

      We need more information about your case in order to help.

      The fact that you are working poses a problem to declare dependency. How long have you been working?

      Please can you email immigration@1stcontact.com with these details so we can assist further.

      • Dija_96

        Hi,
        I have only been working for the past 7 months but only part time hours.
        the fact that i’m working should show that i wount depend on public funds also. the salary i get i will not be able to even live independently ie pay my own rent & i still live with my parents at the same address.

        Thank you your response will be very valuable to me

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

          Hi Dija,

          Working part time should not cause a problem at all. The significant importance is that you are not living an independent life, have not moved from home or married.

          Please contact immigration@1stcontact.com if you wish for us to help you further with your application.

  • Ehab

    Is there any exceptions for the 5 years rule ?

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

      In majority of cases no. However there are some exceptions, we would need a lot more information. Please can you email us at immigration@1stcontact.com and we’ll be able to investigate further for you.

  • Vicy Mignon

    Hi, Can I apply for ILR before 3 weeks to the 10th anniversary since my leave will expire before?

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

      Hi Vicy,

      You are able to apply 28 days before the expiry.

      • Vicy Mignon

        Thanks for your response. I am shortage of 3 weeks to these 28 days. What Can i do and what are other categories i might be able to switch too?

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

          Hi Vicy,

          Our consultant, David, would like to get in touch with you directly to discuss your case. Can you give us an email address or phone number please?

  • Shekhar

    Hi there I would like to ask a question if you can answere me that will be great
    I got my British citizenship last month ,my wife moved to UK on dependent visa 2 years back , so do get the bristish citizenship for my wife what path do we need to follo ? Does she needs to still obtain ILR or we can apply after finishing 3 years qualifiying period ? And 2 years she spend so far in UK are counted towards it ?
    Many thanks in advance

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

      HI Shekhar,

      We need to ask a few more questions. What visa were you on when your wife came on as a dependant? When did you gain ILR and what status did your wife have since you obtained ILR?

      • Shekhar

        Hi thanks for the reply
        I got my ILR last year in March , I came to this country on work permit and change my visa to tier 2 when I change my job before I got my ILR , my wife came to UK as tier 2 partner in June 2013 and change it to PSB dependent leave to remain after I got my ILR last year, now I got my citizenship this month so wonder which path I should follow for my wife to get ILR and how long do I need to wait until we can apply
        Many thanks

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

          HI Shekhar,

          Because your wife is currently on a Visa based on your British Citizenship she will need to complete five years on the Spousal Visa and then gain ILR before Naturalising as a British Citizen.

  • Kulsoom

    Hi I m worried about my ilr cuz m married in2008 and cme uk in September 2008 I got ilr in oct 2010 and then I leave uk 6 October 2012 and back 30 September 2014 is my ilr valid or when I m applying for British passport ,also I had two British children and my husband who is British aswel plz reply me m so worried what to do?

  • Silky Smooth

    hi there

    In september this year I am running out my 5 year visa as a
    family member of the EEU national. (leave to remain visa). My partner now holds
    British citizenship over a year now, my 4 years old son holds British passport
    as well and we also have 4 months old daughter for whom we have not took the
    passport yet but she will be automatically Brithish citizen as well. me and my
    partner are not married but together almost ten years(in the end of october
    this year). My question is whats the options for me? can I apply for permanent
    residency? I have 2 certificates from different colleges for English L1 and
    booked the test for life in the UK just in case. Problem is she is not working
    because 4 months old baby and my income is about £16,500

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

      Hi,

      You will have the option to gain your Permanent Residency after five year on your EU Residence Card. The treaty rights of the EU Citizen will be looked at and your work history will not have any bearing on the application.

      • Silky Smooth

        Hi,

        thank you very much for the replay. One quick question if I may please… Her original passport has expired but British valid as she obtined last year, will it be necessery to renew her original passport as she has dual nationality?

        Many thanks

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

          Hi,

          Your EU partner will need a valid EU Passport before filing your Permanent Residency application. This is due to the fact that your Residence is based on her European Citizenship.

          • Silky Smooth

            Hi again, sorry forgot to mention that my partner was out of work last two years, study pluse baby sitting my new born doughter. Will this be any issue? Thanks again

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

            Hi,

            Can we give you a call to discuss your case? Otherwise you’re welcome to call us, our contact details are here: http://www.1stcontact.com/contact-us

  • Sandor

    HI John.

    I’ve received slightly confusing advice and would like your help in clearing it up.

    If I apply for the premium service at Croydon for ILR off an ancestral visa, I have a wife and 3 children that are dependants on our visa, do I pay one amount of £400 for the whole family i.e. I pay £1500 per person plus 1 payment of £400 OR is it £400 each for the premium service?

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

      Hi Sandor,

      The fast track premium service is £1900 per applicant.

  • oster

    If you have a ILR what happens if you want to travel to an EU country?

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

      The rules of the EU country apply to your passport not your ILR status. That is for the UK alone.

  • nobin

    Hi john,

    I came to London from India in July 2005 in student visa. I extend to PSW and then tier 1 entrepreneur visa. Now I am eligible for my 10 years long residency (ILR). Recently I lost my passports and don’t have any copy of all the pages. Unfortunately I don’t have any track or proof of my travel history. As because it is mandatory not to live outside UK more then six month and in total not more then 18 months.

    My question is, how I will proof that I have not breach this condition or in other words how home office will proof without the entry and exit stamp on my passport that how many days I was outside the country?

  • nobin

    Hi john
    I came to London from India in July 2005 in student visa. I extend to PSW and then tier 1 entrepreneur visa. Now I am eligible for my 10 years long residency (ILR). Recently I lost my passports and don’t have any copy of all the pages. Unfortunately
    I don’t have any track or proof of my travel history. As because it is mandatory not to live outside UK more then six month and in total not more then 18 months.

    My question is, how I will proof that I have not breach this condition or in other words how home office will proof without the entry and exit stamp on my passport that how many days I was outside the country?

  • Sony A Guhagarkar

    Hello sir,

    I wanted to ask you that me and my wife got married in 2009,unfortunately we got divorced this month and I am on her dependent visa which expires next year, I am completing my 10 years in the uk independently, so I need your help to know that can I apply for the ILR on this basis,as my wife has not informed the UKBA.

    Looking forward to hearing from you soon.

    Regards.

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

      Hi Sony,

      Unfortunately because you are a dependent on your wife’s Visa this would mean that your current status would be invalid.

      You would need to have a look at what Visas you were on during the ten years and whether you spent any extensive time outside of the UK to see whether you qualify on the 10 year ILR route.

      If we can asssit you further, please email immigration@1stcontact.com

  • Felix

    Hi jhon

  • Alagie

    Hi John, many thanks for helping out lot of people in my situation with their questions. My question today is i’ve got 6 years discretionary leave to remain which expires in 12 months time. I am qualified for a premium service. I would please like to know if i can apply for ILR three months before my discretionary leave to remain expires or do i have to wait 28 days to be qualify to apply.

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

      Hi Alagie,

      You can book the Premium service in advance of the expiry but you would need to actually file the application in the 28 days leading up to expiry.

  • Isik

    Hello ,

    Thank you for article above. It is very helpful. But my circumstances is a bit different . I have been living in UK since 8 years and no holiday spent abroad more than 2 -3 weeks per year. I do want to apply for ILR . But my question is , I have been in UK with different visa types such as Student visa, Post Study visa, Tier 2 General visa during in this 8 years. Non of them was consistently 5 years. But in total , the period I have been in UK 8 years. Can I still apply for ILR ? Thank you for your reply

    • Kimi Patel

      Hi I am in same boat with you.I have bought house and I have two kids but my sponsor company is closed. I don’t know what to do,finishing my visa in December 15. Any advice please….??.
      Thanks

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

        Hi Kimi, an option would be to find a new Tier 2 sponsor and then switch to a new Tier 2 work permit from within the UK.

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

      Hi Isik,

      You may look at applying for ILR once you have been in the UK for 10 years

      • Prav KK

        Hello, I would be less than 7 days short of 10 years for me to apply for ILR in 2017. Would I be eligible to apply for ILR?

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

          You will need to be in the UK for 10 years,

  • Mark

    John,

    Thanks for this article. We have been in the UK for 4 years on a Tier 2 Religious Worker Visa. We plan to apply for ILR next April after we pass the 5 year threshold. I have 2 questions…

    1. My daughter has been with us the entire time, but will turn 18 before we reach the 5 year mark. Will she be able to receive ILR as dependent or will she need to make a separation application? A secondary question, if she needs to apply independently, does she qualify as her 5 years in country were as a dependent?

    2. What is the process/timeline for receiving a British passport after receiving the ILR?

    Regards,
    Mark

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

      Hi Mark,

      Your daughter will have the ability to apply for her ILR at the same time as you and her being over the age of 18 will not have a negative effect on this.

      You will need to hold ILR for a period of 12 months before Naturalising as British Citizens.

  • Gerie *

    Dear Johon,
    I would like to ask you a question. It’s more or less the same as Isik’s question below.
    I’ve been living in UK with different visas for nealry 9 years now and think i’m eligible for Long residence. However, for the last year of my 10 years period, I would like to change my current work permit to student visa (tier 4) just for my interest to study again. Would it be a problem for ILR application? And also , would like to learn about how to and how much self funding requried for ILR application. I cannot find a correct info so far. Thank you very much for your help. This web page is very helpful.

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

      Hi there,

      To qualify for 10 years long residency within the UK, you must have had a continuous residence (no break in visas) in the UK for 10 years, and have spent no periods in excess of 6 months (at one time) away from the UK and you must not have spent more than 18 months in total away during the 10 years.

      It does not matter what visas you have held in the UK, what is pertinent is that you have held valid stay in the UK throughout the 10 years.

  • Heather

    Hello John,
    I am applying for indefinite leave to remain at a premium service in July. I am applying from an ancestry visa and am fairly confident it should be fine. My question is if my ILR is granted on the 28th July when can I leave the UK for a holiday? I need to go back to Australia for a month and was hoping to do it on the 30th July. Do I need to wait for my biometric residents card?

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

      Hi Heather,

      Once your ILR is granted you will then have the ability to travel back to Australia immediately and there is no restriction on your ability to travel.

  • imran

    Hi,
    I m 25 years old from india and want to come Uk on family visa,As my brother holds ILR so my question is can i come to uk and work on family of settled person visa?

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

      Hi imran,

      Unfortunately siblings are not able to sponsor one to live and work in the UK. The family of a settled person visa is for sponsoring of a partner or spouse.

      You may need to look into the Tier 2 work sponsored visa.

  • Dilshod

    Hi mr John.
    If i may ask you a question wich confuses me.
    Ive asked few solicitors they are not seem to be so sure.
    Ive entered the UK first time at 2005 august 9th as a student.
    Have been a student until recent years.
    Fell in luv with my eea mrs and together 2years now.
    Last visa i have had was 5years eea family member.
    Went back home at the end of last year for a lil break had to change my passport.
    Back home they have issured me 6 month visa in istanbul.
    It is expiring in july 12 this year.
    May i possibly apply for 10 settlement rather than renewing my eea for 5 year again?
    I would appreciate your answer.
    Tnx ever so much

  • Sugavaneswaran Subrahmanyan

    Dear Team,

    I came to Uk on Tier-1 General. Completed 5 Years and got ILR in March 2014 and subsequently got British citizenship in May 2015.

    I got married in July 2012 and brought my wife to UK via Tier 1 General dependent (partner) visa in Sep 2012.

    In June 2015 my wife got FLR(M) visa for 2.5 years.

    Will my wife be eligible for ILR in 2018 based on 5 years of Stay. Could you please clarify?

    Thanks

    Suga

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

      Hi Suga,

      As your wife has been granted the UK Spousal visa (post 9th July 2012), she would need to complete 5 years on this visa category in order to become eligible for indefinite leave to remain within the UK.

  • shiva shankari

    Hi John,
    I am applying for a ILR based on tier 1 gerneral under same employer. I have been out of country on 2 occasions more than 60 days in a stretch. 1) for family reason and 1) i have been sick. would be necessary to produce sick note from doctors and a self explained letter for this situation?. I have also done business trips and in total the number of days in the last 5 years is 240 days intermittantly. is this acceptable with a letter from my HR.
    my spouse is in a Tier -1 dependent and he moved to UK only after 2013 so he is not ready for ILR. But how should we process his visa. which application form should i use fo him?
    thank you

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

      Hi Shiva,

      As long as you have not spent more then a total of 180 days outside of the UK in each individual 12 month period then this will not be a problem.

      Once you gain your ILR your spouse will then have the ability to apply for a UK Spousal Visa.

  • Fred bloggs

    I am an English man and i am married to a South African woman who has indefinite leave to remain in the UK.

    She now wishes to divorce me,

    My question is will the divorce have any impact on her leave to remain?

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

      Hi Fred,

      As your wife now holds indefinite leave to remain within the UK, she is free from Immigration and will have the right to remain residing in the UK.

  • Victoria

    Hello, please I spent more than 2 years outside the UK, how do I make my ILR valid again. And can I still travel to UK with a visiting visa?

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

      Hi Victoria,

      Unfortunately your indefinite leave to remain status in the UK, will have been revoked should you have spent more that 2 consecutive years outside the UK.

      Should you wish to visit the UK, you would need to apply for a UK visit visa.

  • Ben

    Hi John,

    I’m in a rather difficult situation and would really appreciate your view on what my options are.

    I (Australian) have an English wife and am coming to the end of my FLR(M) visa in October. My wife is/was on maternity leave and has just been made redundant (legally).
    She did not (before) and can not (now) meet the £22400 requirement to sponsor me.

    What legal options do I have? At this point I’m convinced that I will need to leave my job, house, wife and son and move back to Australia.

    Thank you in advance

    Ben

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

      Hi Ben,

      Please could you advise if you are currently working in the UK, and what your annual income is?

      • Ben

        Hi,

        I have been working in the UK for 4 years and in my currently job for 1 full year. My salary is £32,000.

        Thank you

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

          Based on the fact that you earn above the minimum income threshold and are currently residing in the UK, you will be able to show your income in order to meet the minimum financial threshold to extend your current UK Spousal visa.

  • Sujith

    Hi John,

    I am British and my wife has an ILR, however we moved to India for personal reasons and intend to come back to UK only after settling a few things in India. We have been in India over 1.6 yrs now and it will take atleast a year and half before we plan our move back to UK. Going through the threads here I am assuming my wife’s ILR might get invalid after 2 years. Is there a way she can retain her ILR by making a week’s visit to UK and stay with friends before the 2 year rule comes into effect.

    Please advice. Thank you in advance

  • jolad

    Hello John
    Fantastic job you are doing. I divorced my EU hubby in 2013. Met and fell in love with my man when I visited Nigeria. I hold a permanent residence card here in the uk and I we are getting ready for our wedding in Nigeria. What sort of application will make afterwards to get him into the uk please

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

      Hi Jolad,

      Your husband to be will need to apply for a spousal visa from Nigeria.

  • Talha Shah

    Can you please let me know that if i complete my 5 years as tire 4 student , do i eligible for ILR?

    3.6 years as bachelor student from Anglia Ruskin university. (Completed)
    1 year master degree with 6 month placement program from Anglia Ruskin university. (will complete soon)

    so i can easily complete my 5 years in uk .

    please guide me do eligible for ILR?

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

      Hi Talha,

      Unfortunately a Tier 4 does not lead to settlement, so you will not be eligible for ILR

  • ayesha

    hi john .
    i came to london on a spouse visa. my visa is expiring on 27th of june . i have passed my liuk test . and booked for the english language test . can u plz tell me that how many days margin is there after my visa expires for me to submit the form for indefinite leave to remain.i have heard it is 28 days . is that right ?

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

      Hi Ayesha,

      28 days is the grace period after your visa expires.

      Please remember if your application is unsuccessful, you will need to return home to apply for an entry clearance spousal visa, and all the time you have spent in the UK will not count towards ILR.

  • Kirsi N

    I’m an EU citizen (from Finland),and have lived here for about 20 years. I would like to get a permanent residency or British Citizenship,but am not sure if I qualify.

    I have worked in this country full time for approx 4,5 years. Apart from that, I have also worked part-time (but my earnings were so low I didn’t have to pay tax). I have also been studying,but always part-time , and have a BSc in Business. And other times been on JSA.

    However, for about the last 8 years I haven’t been able to work due to illness, so I’m in receipt of benefits. Employment and Support Allowance, Disability Living Allowance and Housing benefit. I suffer from mental health problems .

    I looked at the forms I would need to fill in for permanent residency card or citizenship,but they both mention that I would need to prove that I have worked or studied in this country for the last 5 years.

    Many,many thanks in advance if you can help me.

    I would very much appreciate if you could help me.

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

      Hi Kirsi,

      I would suggest getting in touch with a solicitor, as they should be able to assist in your application and ways around the economic activity requirement.

  • Julia

    Hi John, I came to the UK in September 2013 to work as an Au Pair (not taxed), got a NI number in April 2014 and since September 2014 I work fulltime (taxed) – now I’m wondering when my 5 years of living in the UK would officially have begun? Since I pay taxes or since I have my NI number? I can’t officially prove that I have lived in the UK since September 2013 (apart from the statement of my au pair employers at that time.) Thank you for this very helpful article!

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

      Hi there,

      When you entered the UK you must have come through border control, and they would have stamped your passport. You should have had a valid status to enter the UK, visitor, specific visa etc.

      That is what will be used to assess your time in the UK

      • Julia

        Thanks for this – I did go through border control but have no stamp in my passport as I’m a European Citizen. – Would that date still be the one that counts?

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

          Hi Julia,

          Your passport must have been stamped, EU or other.

          The date of that entry stamp is when they calculate it from.

          • Julia

            Hi,
            EU and EEA members do not get a stamp while travelling in the Schengen area. I don’t have any stamps in my passport despite having travelled to several countries around Europe.

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

            Hi Julia,

            Well if you have no record of you ever entering the Uk, then you will have to use evidence from your employment when you were working and getting taxed.

  • Alam

    Hi John,

    I came to UK in 2009 to study. i have finished my MBA and applied post study work permit which has expired in 2014. i have applied work permit but i had dispute with the company and they have cancelled my contract after 5 months. I still have 2 years left to go on study visa. since my dad passed away last year and my mum passed away before that, i was wondering if i could apply for indefinite on the basis that i don’t have any family back home and i want to live here permanently. i would appreciate any suggestions. thanks

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

      Hi there,

      When you switched to the Tier 2 visa, your Tier 4 visa expired automatically, and unfortunately even based on your circumstance you described you cannot apply for ILR.

      If they have cancelled your contract then your company would have curtailed your current visa and you have 60 days to find a new employer, if you would like to remain legally in the UK.

      If you cannot find a new sponsor, you will need to return home and there must be a 1 year cooling off period before you will be eligible to apply again.

  • Xillay Subhan

    Dear John,

    I am an immigrant on Tier 1 General Visa and my 5 years are going to be complete on 11th August 2015. I have got all my required documents ready but only waiting for 28 days tenure to be completed. I do not want to waste time and needs to apply asap. Now if my 5 years completes on 11 August 2015, how do I calculate my 28 days before my 5 years completion. If I add 11th august in that 28 days tenure, I can apply on 15th July and if I do not count 11th august, then I can apply on 14th July.

    You are requested to let me know the exact date, when I can apply and for the visa without any chance on refusal in regards of 28 days. For your consideration, I can add that I had received my Visa in UK starting from 11th August 2010 and for the extension I went via premium service and got my next Visa till 11th August 2015.

    I will be really grateful if you can elaborate the earliest date for me to apply in person via premium service. Thanks a lot in advance and hope to hear from you very soon.

    Kind Regards

    Zil

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

      Hi Xillay,

      The earliest you can apply is 28 days before your current visa expires.

  • Hussain Lahie

    Hi I’m hoping to apply for ILR via the long residency 10 year route. My current visa expires on 19/08/2016, and from my first visa will be 10 years will be on 12/09/2016. Will it still be possible for me to apply for ILR next year?

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

      HI Hussain,

      To qualify you must have had a continuous residence (no break in visas) in the UK for 10 years, and have spent no periods in excess of 6 months (at one time) away from the UK and you must not have spent more than 18 months in total away during the 10 years.

  • Sarah

    My friend is in the UK on an Ancestry Visa, which expires shortly. She is 66 and has worked for some of the time whilst in the UK. Is she eligible to apply for ILR or does she have to have a full 5 year work history.

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

      Hi Sarah,

      How long has she been in the UK (counting time she hasn’t been working)?

      • Sarah

        Hi,

        She’s been in the UK since 2010.

  • DN

    Hi John,
    I came to the UK on dependant visa in June 2009. My husband had a Tier 2 general visa and I was dependant on that. I got employed in Jan 2010 and continued in the dependant visa category till December 2011 when my employer sponsored me and I switched to Tier 2 general. I subsequently renewed my Tier 2 visa with the same employer in 2014. My husband got his ILR after successful completion of his 5 years in his Tier 2 general in 2014. He has now in May 2015 applied for naturalization. All this while we have lived together and intend to continue doing that. Am I eligible for ILR? Me and my husband both are Indian Nationals.
    Thanks
    D

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

      In order to apply for ILR, you will need to spend 5 years in the UK on the same visa, so in your case you will be eligible for ILR in December 2016

  • Dee Beresford

    hello
    My husband is a USA citizen and got his ILR visa in 2012 however we went to USA for work reasons (opened a business) with another business in UK. However whilst in USa our UK business had to close and we were stuck in USA. We have been here 3 years now and if I have read everything properly we need to apply again for his ILR. IS this correct and is there a cost (no doubt to do do this) I am a UK citizen so no issue for me to return,

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

      Hi Dee,

      Because your husband has spent more then 2 years consistently outside of the UK on his ILR it would now be invalid unfortunately. He would therefore need to reapply for the UK Spousal Visa in order to gain entry into the UK.

  • Stylez_Tee

    Hi john I came to England on a family reunion visa and its expired last year and lost my passport so I was wondering if it’s possible to apply for the indefinite leave to remain ??

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

      Hi there,

      How long were you in England prior to the family reunion visa? Are you currently on another valid visa?

      • Stylez_Tee

        I’ve been in England since 2010 and the family reniuon visa expired last year and since I lost my passport I’ve been trying to figure out if it’s possible to send the idefinite leave to remain application without the original passport but I have copies of my old passport though so What do you think I should do ?

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

          Unfortunately we do do not deal with this category of leave within the UK, however I would suggest you get in touch with a solicitor who would be able to best advise you on your options going forward.

          • Stylez_Tee

            Thank you very much for your help and I’ll try to get in touch with solicitors

  • Crystal

    Am Crystal Morgan from united kingdom I want to thank Dr. Ekpiku for getting my lover back to me within 48 hours. When my lover left me i was so tired and frustrated till i search the internet for help and i saw so many good talk about Dr Ekpiku of Ekpikuspelltemple@live.com and i decided to give him a try and i contact him and explain my problems to him and he cast a love spell for me which i use to get my husband back.If you want to get your lover back contact Dr. Ekpiku via email: Ekpikuspelltemple@live.com Dr. Ekpiku the great man that is able to bring back lost love.

  • Sandeep

    I am currently in UK holding Tier 2 General visa stamped on December 2013 and my visa validity is for five years(i.e dec 2018).

    I want to know if there is any possibility for getting ILR with Tier 2 general. So is it possible to apply for ILR once I am in UK for 5 years with Tier 2 General visa(assuming I’m continuous for a period of 5yrs)? Can I apply for ILR in 2018?

    Thanks in Advance.

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

      Hi Sandeep,

      After you have been in the UK for 5 years continuously on the Tier 2 visa, you may apply for ILR.

      • Sandeep

        Thanks John.

        If the ILR rules change in 2018, If i apply for ILR in 2018, will the 2018 ILR rules will be applicable or 2013 ILR rules will be applicable?

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

          Hi Sandeep,

          If the visa law changes whilst you are on the 5 year route, this should not effect your application for ILR

  • Sandeep

    Hi John,

    I am currently in UK holding Tier 2 General visa stamped on December 2013 and my visa validity is for five years(i.e dec 2018).

    I want to know if there is any possibility for getting ILR with Tier 2 general. So is it possible to apply for ILR once I am in UK for 5 years with Tier 2 General visa(assuming I’m continuous for a period of 5yrs)? Can I apply for ILR in 2018?

    Thanks in Advance.

  • Neill

    I’ve read through the below comments and haven’t found a situation that quite covers mine: I am in the UK as a dependent on my wife’s Ancestry Visa. We have just under 2 years to go before we can apply for ILR. She has only just started working part time because we have 3 kids, and the youngest only starts school this year. I have been working the whole time, and we support ourselves just fine. Will her work record count against her when she applies for ILR (her intention is to find permanent work in Sept, although it will still be half-day, and likely not meet the threshold). What happens then? Thanks.

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

      Hi Neill,

      Your wife’s work history would be looked at in your ILR applications I would suggest that she accrues at least 12 months of consistent work leading up to the ILR application. Part time work would also suffice.

  • James

    Hi John, this article seems to be saying that if a person has had ILR status for over 12 months and lived in the UK for over five years, then they can simply apply for a passport the same as any UK citizen can. But the .gov website makes it sound as though such a person would still have to pay over £1000 for naturalisation. My Zimbabwean friend has lived and worked here for nearly ten years, her Zim passport has now expired but she has always had leave to remain by virtue of being married to a British citizen. They are now separated but she now has a biometric residence permit that clearly says she has ILR. She also has a child who lives with her who is a British citizen. Surely, a person in her situation shouldn’t have to spend over £1000 and take a Life in the UK test just to formalise her status as a British citizen and obtain a passport? Your help with this matter would be much appreciated.

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

      Hi,

      Unfortunately your friend would still be required to go through the Naturalisation process and gain her Citizenship Certificate before applying for her British Passport. It will be a two step process even in her case.

      • James

        Ok, thanks. Also, I’m assuming that if a person has ILR this is basically the same as settlement and that such a person will not be affected by the £35,000 threshold rule that comes in next April?

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

          Currently we are waiting for further information about these new regulations as the UKBA has not indicated which visas will be effected

          • James

            Surely a settlement visa / ILR cannot be suddenly taken away from a person? Apart form anything else, there is nowhere to deport her to. Her Zimbabwean passport has expired, it is nigh on impossible to renew a Zim passport once you’ve made the decision to leave. She’s been here ten years. If the govt. took her ILR away as part of these changes, she would effectively be stateless, despite being the parent of a minor with British Citzenship who lives with her. That’s ridiculous, don’t you think? Surely there is a way round this for someone in her situation. Paying over a grand for naturalisation, which she might not even get if she fails the life in the UK test – likely as she panics under pressure and is not good at tests generally – is not really an option on her low income.

  • attiq

    hi

    I have two question, Name on my old passport is
    SURNAME: ATTIQ UR REHMAN
    GIVEN NAME: (blank)
    and name on my spouse visa is

    NAME : ATTIQ UR REHMAN

    my passport is expired now i made new passport, i changed my name on my new passport.

    SURNAME: UR REHMAN

    GIVEN NAME: ATTIQ

    change in name on my new passport can effect my indifinate visa, here in uk i am using my first name (ATTIQ) and sure name (UR REHMAN)

    2nd

    name on my Qualification (Bachelor’s Degree) is ATIQ UR REHMAN

    i got UK NARIC certificate is that acceptable

    bt name on certificate is first name (ATTIQ) and sure name (UR REHMAN)

    advise me , every thing ok or i may need to change my name

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

      Hi attiq,

      All errors on your documents must be amended immediately at the source.

      If your documentation differs with the names it will be an issue.

  • ravi

    Hi for dependent visa for my wife which is for 3 years how many days she needs to be in UK to renew it and secondly how long she has to be here to qualify for ILR and citizenship

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

      Please could you confirm which visa it is that you currently hold, as well we the date that your wife’s dependency visa was granted.

      This will allow us to advise you correctly.

      • ravi

        It is Tier 2.
        I may get it in next 2 months.
        Thank you

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

          Your wife can extend 28 days before the visa expiry date, and she will need to be in the UK for a total of 5 years to be eligible for ILR

          • ravi

            Thank you. My one question is for the tier 2 visa which is valid for 3 years. In those 3 yrs how much time my wife should remain in UK so as to renew the visa further.

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

            Your wife is dependant on her visa, so she should renew every time you do.

            The rules also apply to her for leave and time spent in the UK, so if you want your wife to apply for ILR when you do, which is highly recommended, then all the rules that apply to you apply to her.

          • ravi

            Thanks a ton

  • Dan

    Hi John,

    Thank you for having this kind of service of yours.

    My colleagues are currently working here in the UK under Tier 2 (General) and arrived on June, 2011. The visa was applied on 2010 and was rejected. The company appeals and won and the visa was granted on May 2011 (after a year).

    Their salaries were £26,000 and if ever they want to apply for an ILR next year, are they included on the new migration threshold which is, they should be earning £35,000 even though the visa was originally applied on 2010 and the new law was took effect on April 2011?

    Thank you in advance.

  • Catherine Glozier

    Hi John,
    I was hoping to get something clarified. My Australian husband (who I have been with since 2008) but married since 2014) and I have been living in the UK since 2009 (I am a British citizen) and we have a child on the way.
    He has indefinate leave to remain but we were thinking about applying for him to get British citizenship. Will the new gov immigration laws affect our family?
    Many thanks

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

      Hi Catherine,

      No the new government laws affect applicants holding the Tier 2 visa category.

  • Simone

    Hi John, I’m married with a British citizen, I’m living in uk. My spouse visa is from June 2013 and will expiry in March 2016, I had my application in October 2012, I arrived in uk in July 2013. When I should apply for indefinite leave to remain? At least 28 days before my expiry date? I’m so confuse because some people say that I should apply now.
    Thank you
    Simone

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

      Hi Simone,

      Because your application was filed after the July 2012 change it would have been issued for 2.5 years, you will need to extend your Visa for a further 2.5 years at the end of your initial Visa and after 5 years will then have the ability to apply for ILR.

      • Simone

        Oh thank you very much.
        So what kind of visa should I apply? Which form?

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

          Hi Simone,

          If you’d like you can give us a contact number and one of our consultants can give you a call?

  • Dan

    Hi John,

    Thank you for having this kind of service of yours.

    My colleagues are currently working here in the UK under Tier 2 (General) and arrived on June, 2011. The visa was applied on 2010 and was rejected. The company appeals and won and the visa was granted on May 2011 (after a year).

    Their salaries were £26,000 and if ever they want to apply for an ILR next year, are they included on the new migration threshold which is, they should be earning £35,000 even though the visa was originally applied on 2010 and the new law was took effect on April 2011?

    Thank you in advance.

    • Dan

      Chronology of Events

      21 June 2010 – Submitted Visa application in Manila UKBA.

      19 August 2010 – Decision came out rejecting the application due to invalid CoS .

      14 September 2010 – Requested for Asministrative Review.

      20 September 2010 – Received a letter of Refusal of Entry upon submission of Administrative Review stating “Invalid CoS”.

      The company who issues CoS filed an appeal to the higher tribunal.

      12 April 2011 – Received a letter from UKBA Manila stating that the decision was over turned .

      05 May 2011 – Visa was granted.

      My question is:

      Are they included on the Migrant Threshold of £35,000 salary so they can be allowed to apply for an ILR which came to effect on 06 April 2011 whereas, they originally applied the visa on June, 2010?

      Your utmost reply regarding this matter is highly appreciated.

      Thank you so much and more power to you!

      • Dan

        Hi John, any clarification on this? Appreciate your speedy reply.

        Thanks.

        Dan

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

          Hi Dan,

          Applicants lodging for indefinite leave to remain based on their Tier 2 visa category, after April 2016 will need to meet the minimum of £35 000.

          • Syma Javed

            Hi,

            I had an urgent questions and was wondering if you could kindly help. Mr husband is due to renew his visa (5-year route) in august. He has been in the UK for since 12 December 2012. Since then we have had to go back and forth to Pakistan due to family bereavements and weddings. He has been outside the UK for just over 6 months since December (4 separate visits making 6.5 months) Will this effect him getting the visa granted, renewal? Please let me know, thank you, Syma

          • Dan

            Thanks John for your response…

          • Dan

            Follow up question please:

            There’s a statement on Appendix J of Migration Rules as follows:

            “(1) at or above the appropriate rate for the job, as stated in the Codes of Practice in Appendix J,”

            Their current salary was above the appropriate rate as stated. Are these can give them a chance to apply for an ILR?

        • Syma Javed

          Hi,

          I had an urgent questions and was wondering if you could kindly help. Mr husband is due to renew his visa (5-year route) in August 2015. He has been in the UK for since 12 December 2012. Since then we have had to go back and forth to Pakistan due to family bereavements and weddings. He has been outside the UK for just over 6 months since December 2012 (4 separate visits making 6.5 months) Will this effect him getting the visa granted when due for renewal? Please let me know, thank you, Syma. My email address is symaj123@gmail.com

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

            Hi Syma,

            What visa is your husband currently on?

            By your comments it appears he is on a spousal visa, and if that is the case, it may not affect his application.

  • Hasnain Merchant

    Hi,

    I am currently on Tier 2 visa and thinking to change jobs. My wife is currently on India on holiday. In case if I switch jobs now and get a new tier 2 visa I will get my wife to apply from India to get her dependent visa as she would still be out of the country while I get my new visa. My question is would she be then under the rule of dependent getting visa post 9th July 2012 and wait for 5 years to apply an ILR?

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

      Hi,

      Should you get a new Tier 2 Visa your wife would have the ability to be added as a dependent for the duration of this Visa. The 9th of July legislation change was around the UK Spousal Visa and not the Dependent Visa. Your wife would need to do five years as a dependent however in order to gain ILR.

      • Hasnain Merchant

        Many thanks for clearing that..Great service!

  • Stephane Naki

    Hi John.
    i have been reading with great interest the comments here.
    i have a situation at hand. I am a british citizen earning £ 42.500/year. I have married my wie in Nigeria 2years ago and we have two kids age 6 and 4, born in leeds and currently brotish as well.
    my wife is nigerian and have been granted 3)2 years resident permit 2 years ago. Thing is she has been living in the UK illigaly for 8 good years before being awarded the 2 years residency permit based according to the home office on the fac that our 2 kids are british. They ignord the fact that i am british.
    now her permit is about to expire so we need to renew it. Can we apply for an ILR? If yes, on what ground? If no, then what can we normally apply for?
    Many thanks

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

      HI Stephane,

      Thank you for your comment and query.

      Your case is complex because of your wife having been there illegally. I would need to get more information from you, and get some contact information.

      Once finding out all the facts I can advise correctly.

      If you’d like to leave your number or email address, I can ask one of our consultants to get in touch with you. Otherwise you can email us at immigration@1stcontact.com.

  • Holly Bloor

    Hi, I have a massive problem and don’t know what to do, I’m south African and was on a ancestral visa and have just had my UK passport denied, they told me it was because when I was obtaining/ waiting for my indefinite leave card to arrive my Visa ran out …this was two years ago! In this time I had NO letter/email/phone call to communicate that this happened and may be a problem when going forth with my application! Now I have been told that I can not apply again until 2018! I hope this makes sense…I want to know what my options are and what I can do????

  • Sami

    Hi John,

    I have received ILR on 10 years bases in march 2015 and my wife switched from PBD to spouse visa after I got ILR.

    I am intending to move to Middle East to work for one year and want my wife to go with and I want to plan accordingly.

    my question is. If my wife spends consecutive 360 days outside UK in either 1st, 2nd, 3rd or 4th year and do not spend more than 90 days outside UK in the last 12 months before applying for ILR would she be still meeting the criteria or she must not spend more than 90 days in any of the 5 years?

    Thank you in advanced.

    Regards

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

      Hi Sami,

      Your wife cannot spend more than 180 days out of the UK in any of the 5 years she is there before applying for ILR.

      • Sami

        Hi John,

        thanks for reply.

        Can she spend 180 days out of UK in the fifth year or the limit is 90 days?

        Regards

  • Holly Bloor

    Hi can anyone help, I have a massive problem and don’t know what to do, I’m south African and was on a ancestral visa and have just had my UK passport denied, they told me it was because when I was obtaining/ waiting for my indefinite leave card to arrive my Visa ran out …this was two years ago! In this time I had NO letter/email/phone call to communicate that this happened and may be a problem when going forth with my application! Now I have been told that I can not apply again until 2018! I hope this makes sense…I want to know what my options are and what I can do????

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

      Hi Holly,

      Please can you tell me what visa you are currently on?

      • Holly Bloor

        It’s an ancestral one I’m part english , just got my letter today my visa ran out and I had no clue about… they didn’t get hold of me once for 2 years and let me go ahead with my application knowing I had gone over my visa time while not having my indefinite leave card in total 9 Months without a Visa and waiting for indefinite leave card :(
        Sent from my HTC

        —– Reply message —–

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

          Hi,

          I am still a little unclear about what status you are currently on, because you wouldn’t have to wait 3 years to apply to naturalise, and I am a little unclear about what your question is.

          Please may I ask you to scan and email me the page in your passport with your current status.

          Once I have that I can answer correctly.

          immigration@1stcontact.com subject line: ATTN John Dunn regarding Holly Bloor

      • Holly Bloor

        But I’m not on a visa now I was on an ancesteral one 2 years ago. Ive got an indefinite leave card…does this make sense
        Sent from my HTC

        —– Reply message —–

  • Fola Adejobi

    I came originally through Tier-1 (General) in October 2009. My wife and 3 children came in with me in December 2009. We all extended together at PEO in 2012 and had our 2nd extension in 2014.

    Having satisfied the 5 year requirement for both myself and my dependants, I considered that we were ripe to apply for ILR. Due to higher cost of application at PEO than posting, I applied alone at PEO and was granted ILR on the same day. I am now filling the SET(O) Form for my dependants (my wife and 3 children) for posting. My questions are as follows:

    1. Can I fill just one form for everyone with my wife as Main Applicant and children listed at Section 2 of the form?

    2. Do I need to fill Section 5 for my wife and Kids considering I’m the main Sponsor?

    3. My Dependants left UK in 07/01/2010 and returned 14/02/2011 and have not left UK since then. Is this a problem?

    4. Is it ok to leave Section 9 unfilled for any of my dependants considering I’m the Sponsor and I already provided these information for myself in order to be issued ILR?

    5. Considering the form does not have anywhere for me to provide my immigration status as the Sponsor with ILR, what supporting documents is required from me as the Sponsor.

    6. Does the supporting docs from me (such as my International Passport and ILR Biometric Resident Permit) have to be original?

    Rgds,
    Fola.

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

      Hi Fola,

      Thank you for your comment.

      The questions you are asking form part of the service we offer in completing an application on your behalf, and should you sign up for our services we can take care of all the confusion for you.

      I would like to point out that your wife and dependants should have made an application when you applied for ILR, regardless of how long they had been in the UK.

      As soon as you made your application separately, it had a negative effect on their status and they cannot apply for ILR now, they need to do a different application.

      If you would like more information or require more assistance, you can make use of our services and we will be happy to assist with your case.

  • Natalie

    Hi John,
    My partner moved to the UK from Nigeria and has been living in the UK since he was 10 years of age, he attended school until he was 18. What are his legal rights to stay?
    Thank you in advance for your advice
    Natalie

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

      Hi Natalie,

      That would depend on what visa he was on.

      • Natalie

        He came on a 6 month visitors visa, but completed his schooling and attended college up to the age of 18.

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

          Hi Natalie,

          Is he in the UK at the moment?

          • Natalie

            Hi,
            Yes he has been living here since the age of 10 and has never been out of the UK.

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

            Hi Natalie,

            One of our consultants would like to email you the documentation that you need. Could you please provide an email address?

            Thanks.

          • Natalie

            My email is nathaliecwatson@gmail.com

            Thank you for your help

          • Natalie

            Hi,
            Documents can be sent to nathaliecwatson@gmail.com

            Kindest regards
            N.Watson

          • Natalie

            My email address is nathaliecwatson@gmail.com

            Kindest regards
            N. Watson

  • Shwetha Budda

    Hi John
    I had student Tier-4 visa from Sep 2010 – Dec 2013 as I finished my masters went back to my home country for good in Dec 2013. I got married in 2014, on Tier-1 dependent visa I got back to UK in Aug 2014. I have 7 months of gap (18 dec 2013 – 1 Aug 2014) and wanted to know if my stay from 2010 is valid to apply for ILR

    Many thanks in advance

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

      Hi,

      Your continuous 5 year residence period to qualify for indefinite leave to remain starts from the time you re-entered the UK on the Tier 1 dependency visa in August 2014.

  • Alia

    Dear John,

    I’ve seen your comments on 1stcontact.com/blog.

    I need some advise as well.

    I came to uk in 2004 as a student. I went back home in June 2009 to get married. at that time, Tier 4 was newly introduced; and the college I was studying lost their licence. my husband already had his student visa; he came back to UK after 1.5 months.

    I stayed back home. I got admission in a college and had my visa as a student and was due to come back in December. My husband came back home too in December and he became dependent on my visa. unfortunately my mother in law was ill and passed away in December 2009. we had to stay with the family And I ended overstay by a week.

    my husband has just completed his 10 year long residence. I have 3 years old son; who was born in UK.

    Question:

    1. Can I still apply for ILR for myself?

    2. if cant apply for my ILR, can I send my application with my husband when he applied for his ILR; he’s planning to use the premium service.

    3. if I cant use option 1 or 2.. because we’ve been married for more than 5 years.. what form should I use? will I be able to apply for my ILR after my husband gets his ILR.

    Thank you in advance

    Regards,

    Alia

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

      Hi Alia,

      The answer will take some explaining, can we give you a call? Alternatively, if you provide an email address one of our consultants can get in touch.

  • gabriel mayor fernandez

    I have lived in the UK since 1967 my mother had ilr and I was on

  • khaled

    Dear John,

  • Amanda Cleary

    Hello,

    I stumbled across this site & the above information was helpful to a point. I have a few questions though about ILR still.
    I am living in England with my husband currently. He is from England, I’m from the US, and we’ve been together for 9 years. I have a spouse visa that I received in March 2015 & expires in December 2017. From what I have been reading, I have to go the 5 year route for ILR (my lawyer had mentioned to me about changing my status/applying for ILR in 2.5 years…which I do not trust their information seeing as I’ve applied for my visa after July 2012).
    My questions are:
    -What do I do when December 2017 approaches & my visa expires?
    -Can I somehow do the 2-year route? (Why else would my lawyer say something like that….annoying)
    -I’ve met the financial requirements for my visa, will there be anymore financial requirements to meet again?
    -What exactly is the Biometric Residence Permit? Do I need it?

    I do intend to live in England permanently. I now have a bank account here & national insurance number. I have a job lined up already. I just have a lot of confusion about what my next steps are (while I have plenty of time to prepare) because I do not trust my lawyer’s information.

    Thank you for your help/time!

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

      Hi Amanda,

      You will need to extend your spousal Visa before expiry in 2017.

      If you are meeting the £18 600 threshold then this will suffice in your extension.

      The Biometrics Permit is what the Visas are issued on now and you will receive this when extending, it is not required at this point in time.

      Please let me know if you require any further assistance.

      • Amanda C

        Thank you so, so much for the quick response!

        My husband fell a little bit short of the £18,600 threshold when I applied for my visa, so we met the financial requirement by his and my bank accounts combined (combined, we have £40,000+ and I recieved my visa with no problems). I just want to make sure that I am understanding you correctly and thinking correctly; since we met the financial requirement that way, will we need to supply bank statements & prove we are still meeting it when I go to extend my spouse visa? Or are you basically saying that we met it once & so we are okay?

        Thank you for clearing up the Biometrics Permit! I appreciate your time!

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

          Hi Amanda,

          The financials will need to be met once more in the extension, but because you may both be working in the UK for a period of more then six months at this point, both sets of earnings can be taken into account.

          • Amanda C

            Ok, thank you so much for clearing that up! I cannot tell you how much I appreciate it! Honestly!

            I am sorry for being a pain, but I do have one more question for you, if you do not mind. My US passport expires March 2016. My spouse visa is inside that passport.
            Our lawyer had told me to not worry about renewing my US passport before I applied for my visa because I can renew it once I get to England & the time draws near. (I was personally going to renew it because I got married last year May and changed my last name…but again, our lawyer said to not even worry about that; so my passport and visa are in my maiden name & so when I renew my passport, it will be in my married name and I assume my visa will stay inside my old passport and thus stay in maiden name). Is any of this going to be an issue when I go to renew my passport OR apply for the visa extension? I have a feeling our lawyer has me set-up for some issues in the future to be honest.

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

            Hi Amanda,

            The Visa would remain valid in your expired Passport but you would just be required to travel with both. When doing your extension you can supply your marriage certificate to indicate the name change.

      • Amanda C

        Hello,

        Sorry to be a pain, but I have two more questions in regards to the Biometrics Permit:
        1. Will I have to “redo” (for lack of a better word) my biometrics that I had done in the US before I sent off my spouse visa? At that biometric appointment, they only digitally scanned my fingerprints and took a photo of my face; no signature of mine was captured.

        2. And, is the Biometrics Permit good for anything/everything visa related? For example, I read on the gov.uk website:
        “You can’t transfer your visa to your new passport. Instead, you’ll need to apply for a biometric residence permit (BRP).”
        So, IF I decided to go down that route, would that BRP be valid when I apply for my visa extension also? Or would it just be a “waste of money” in the end?

        I am very sorry to bother you with these questions, but I want to make sure I have as much correct information as possible. I know I don’t have to apply for my visa extension yet, but I just like to have information while I have plenty of time left.
        THANK YOU SO MUCH!

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

          Hi Amanda,

          You will be required to resubmit your Biometric data. When you apply for the Ancestry visa extension, you will receive a Biometric card, as this is essentially your visa.

          They no longer place the visa in your passport.

  • Rex

    Hi John
    My husband has had ILR since 2006. He was working abroad but had been going back every year for a couple of months until 2010. After that he hasn’t been back at all. Will he still be allowed to visit the UK under the ILR that he received? Thank you very much

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

      Hi Rex,

      Unfortunately after spending two consecutive years out of the UK your husband’s Indefinite Leave to Remain will have been revoked.

      • Rex

        would they still let him enter the country?

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

          Afraid not, he’d need to reapply for a visa. Let us know if we can assist in this regard.

  • Siddique Qureshi

    Dear John

    I hope you would be fine.

    I have talked to couple of lawyers other than yourself, and they haven’t given us a good hope.

    Well we are three brothers, I am the youngest one, I am Dr here in UK working on tier 2 visa and live is Leeds with my family.
    My eldest brother is in UK also, he is UK national, lives with his family in Bradford. He works in a multinational company as a contractor.
    Our other sibling lives in Canada with his family. He is an immigrant in Canada.

    Our parents, father aged 70 and mother 65 are living alone in Pakistan, where as they are on visit visa (multiple 10 years) and staying with me in UK at the moment. They are elderly and require help in day to day activities because of their indifferent health. They have visited UK and Canada in past and have 10 years UK visit visa and 5 years Canadian visit visa.

    I want to ask your good self if it’s possible for us to apply for their settlement in UK, if possible from within uk?
    And in case if the request of settlement is refused what would be the fate of their visit visa?

    Please advise

    Thanks

    Regards

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

      Unfortunately as your parents hold a visitor’s visa, they are not able to apply for settlement within the UK.

      In order to reside in the UK permanently, they are required to return to their home country and apply for a UK visa which they meet the requirements for.

      The option to sponsor elderly dependents to reside in the UK is unfortunately no longer available.

  • Vignesh

    I received a Tier 2 ICT Long Term Staff Migrant visa on June
    2012.
    It was renewed to Tier 2 ICT Long Term Leave to Remain on December
    2014.

    It expires on May 2017.

    I have worked for the same company during this time.

    Could you please let me know the following:
    1. Options to apply for Indefinite Leave to Remain after May 2017,
    including options to extend the Tier 2 or move to a different
    immigration category.

    2. Ability to change sponsors and remain in the UK before May
    2017.

    3. If there has been an option during any time over the term of my
    visa when I could have changed immigration categories.

  • Silky Smooth

    Hi John, if an EEU national has been in the UK for 10 years from which first 8 years been in full time employment and last two years unemployed dou to rising young children and receiveing child and working tax credits(last two years). Is she still exercising trity rights in the UK?

    Many thanks
    Silky

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

      Hi again Silky,

      You seem to have quite a few questions, you’re welcome to give us a call to discuss: UK Phone:080 8141 2248

  • Germana

    Hello everyone!

    I am an Italian and been living in the UK for more than 5 years.
    I am trying to apply for the naturalisation and I have a question.
    Being Italian and therefore free to circulate, how can I practically prove that I have not left the UK for more than 450 days?
    Thanks in advance!

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

      You will need to show stamps in your passport or travel tickets.

  • dietcoke_91

    Hi John,

    I am in a bit of a dilemma and I would really appreciate your advise. I’ve had my ILR for years and it’s been nearly 20 years since I’ve been living here in the UK. As I want to make this my permeant home, I’m looking to apply for a British Citizenship. My dilemma is, I work as a freelancer, (no family in this country) and just been offered a job for 5 months out in Asia. I wondered, if I am planning to apply for my BC within this year/early next year, and take this job, would that effect my chances of getting my BC? I don’t want to take the risk of sabotaging my chances of becoming a British Citizen but this job opportunity is a great one for me. Please help!

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

      The important thing to note when applying to Naturalise as a British Citizen is you will need to ensure that you do not spend more then 180 days outside of the UK in the 12 months leading up to your application, the application itself can take up to 6 months.

  • Emily

    Hi there

    Interesting situation for you… hopefully you can help! I am currently on a Tier 2 (sponsored) visa through my employer. My partner (will be husband in 3 months) will be eligible for ILR in November (a month after we marry). I would like to become a dependent on his ILR visa. I have been in the UK 5.5 years, however 3 of those years were student + post study work visa. Is it possible for me to apply as a dependent on his ILR application at the same time he applies? Will I have to do that from the US (my home country) or can I apply within the UK?

    Thanks!
    Emily

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

      Hi Emily,

      If you are to marry and your husband gains his ILR, your option would be to switch to the UK Spousal Visa and you could do so from within the UK.

  • Leonie

    Hi John,
    My husband and I are trying to decide the best visa to apply for when ours expires at the end of the year. Ultimately we want ILR but unsure if we will be granted it due to my work history. We are both Australian as well as our 2 kids. We came on my ancestry visa, with my husband and children as dependents in December 2010. My husband has been continuously in employment since starting his job 8 weeks after we arrived. I am a nurse so was not able to work for the first 2 years while I was waiting for my NMC registration to be granted. Since then I have worked continuously (usually 10-45hrs a week, except for when we are away on family holidays) as a bank nurse for my local NHS trust and for a nursing agency in multiple hospitals in England and Wales. Both jobs are 0hrs contracts. My queries are 1) Will ILR be denied because I have not worked for the entire 5 years? 2) If we extend our visa and apply for ILR in 2 years time, will we still be denied because I only would have worked 5 years out of the 7? and 3) When assessing for ILR, do they take into account that my employment is only casual and not considered a permanent position?

    Thanks in advance, Leonie

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

      Hi Leonie,

      Your ILR would not be refused due to not working the entire 5 year period as long as we can show consistent work leading up to the application.

      The fact that your employment is only casual will also not have a negative effect on the application.

  • jaddie

    Hi John,

    I am hoping to apply for indefinite leave to remain under 10 year long residence (Sept 2005 – Sept 2015). However, I have lost my passport which have my first entry stamp in September 2005 (I do a have photocopy of my Tier 4 visa valid from 1st September 2005). I am just wondering how can I prove my stay from 2005-2007 (when I lost my passport) other than university letter?

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

      Hi Jaddie,

      You can write out to the UKVI, and request a subject access request.

      Further information regarding this can be found on the below link:

      https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/118761/subject-access-request.pdf

      • jaddie

        Hi John,

        Thank you very much for your reply. If the information from SAR alone enough to prove the stay? Do I need to prepare any other documents?

        I have sent my SAR form 6 weeks ago and I still haven’t heard from them and I need to apply for it in 2 weeks time. If I don’t get the information back in time, will UKBA be able to check the record on their system on the day if I am doing the premium service?

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

          Hi,

          As you have not yet heard back from your SAR request, I would suggest following up on this.

          The fact that you have a copy of your initial Tier 4 visa will be a help, as I would suggest as much evidence to show that you have resided in the UK for the last 10 years would be beneficial.

          • jaddie

            Thank you for the information. I have just received the SAR but they did not give me much information about my entry/exit of UK. How can I prove that my days out of UK is not more than 540 days in these 10 years?

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

            Hi,

            It is usually done through a dates in and out listing and this is done using Passport entry stamps and employment history.

  • vijji

    Hi John,

    i want to apply for ILR..and the time periods that i’m here are
    sep2010-june 2012 on student visa
    july2012-june 2014 on post study visa and
    july 2014 to now on tier 2 visa….. so I need your help to know that can I apply for the ILR on this basis….
    thanks in advance…….
    thank you very much

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

      Hi vijji,

      Unfortunately the combination of the Visas held in your five year period would not grant you the option of ILR and you would be required to be a resident for 5 years on your current Tier 2 Visa before applying.

      • Sr

        Can 4 years Tier 1 general + 1 year tier 2 sponsored = 5 years for ilr?

        Thanks

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

          One can combine the Tier 2 General with the Tier 1 Highly Skilled Program for indefinite leave to remain.

  • lamina

    Hi John i came as a student after 4 years i couldn’t renew my visa an become illegal
    i have a child of 4 years old i spend 15 solid years of my life in this country and now i have been ask to go back where i come from what shouldi do?

  • Carol Bull

    I am a US citizen married to a Brit. We often travel to the US. Is there a way that he can stay longer than the 90 days they are allowed to stay in the States? We usually go back for 30 days at a time but we have reached the 90 days limit for this year. Is there a visa he can apply for so that he could stay longer than the 90 days?
    Thanks

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

      Hi Carol,

      What visa are you currently on? In general the restrictions for time outside of the UK is 180 days not 90 days.

      • Carol Bull

        I meant. How long can my husband stay in the USA? Is there another type of visa that could extend that? When did it change from 90 days to 180 days?

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

          I’m afraid we don’t deal with USA visas and citizenship, only UK.

      • Carol Bull

        I am can stay her for as long as i want. But i was wondering how long my husband can stay in the states!

  • Oxford

    Hi John,

    I came here in 2006 with my husband and 4 small children (they were 1,3,4, and 10 yr old at the time) on a student visa, which I stayed on until 2012 when I got a tier 2 general for my post-doc (exp 10/2016). I am coming up on 9 years, and so have begun planning towards the big 10-yr ILR applications (7/2016). Never been in illegal status and I earn around 32k. Kids don’t even remember being in America – their entire lives are British through and through. My question is this – now that the fees for ILR have been jumped up to the insane 2246 per dependant, I am looking at a £12,000+ fee to process 6 applications. Am I missing something? Do they really think that a family can afford an entire years rent to file 6 sheets of paper and a biometric scan? Isn’t there something in human rights legislation about not making the fees a barrier to migration? My kids have spent their entire lives here? Surely there is some procedure/appeal? Thanks for your advice!

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

      Unfortunately there is now way to appeal the current legislation surrounding the fees when going the 10 year route.

  • Sush

    Hello John,

    Can you please answer my question?

    I had a query as Linda asked UKBA in the link below:
    https://www.whatdotheyknow.com/request/how_long_is_ilr_valid_for_people

    My question is whether visiting the UK occasionally (at least every 2 years) while living abroad would allow the person in possession of an ILR to return to the UK as a resident, without requiring additional entry clearance, after the specified 2-year period?

    Thanks in advance
    Sush

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

      ILR is revoked after 2 years outside of the UK and there is no recourse that you may follow to have this reinstated unfortunately.

      • Sush

        Thanks for your response. I understand that ILR is revoked after 2 years outside of UK.

        Sorry, my question was different. Say, for example:
        1) I got ILR in Jan 2010.
        2) Went out of UK in June 2011.
        3) Returned back to UK in July 2011
        4) Wen out of UK towards July end 2011.

        So, after step 4, how long is the ILR valid for? Is it till July 2013? And is there any minimum period that I need to spend in UK when I visit UK in step 3?

        Thanks in advance for your time and help,
        Sush

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

          Hi Sush,

          After you left in July 2011, should you not return in 2 years, ILR would be revoked. ILR is valid indefinitely as long as you are in the UK as a resident.

          • Sush

            Thanks for your response.

            So, does it mean there is no stipulation of minimum period of stay in UK between such visits (example: steps 3 and 4 above) to keep the ILR active.

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

            There is no specific time that you would need to spend in the UK, however it is advisable to be a resident in the UK if you have ILR

          • Sush

            Thanks for your responses.

  • aka

    Hi
    I was given an exeptional leave as my child and partner are British. I applied to uni and they charged me as international student, is this correct?

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

      Hi,

      As you are not a British citizen yet, you are still seen as international when applying for uni.

  • Danvy

    Hi John, thanks for all the advices they are so helpful.
    Just a quick question which I am confuse on which application to make.
    I have been in UK since 2009. came in with
    Student Visa sept 2009 to Feb 2011
    Tier 1 HS Post Study leave to remain Feb 2011 to Feb 2013
    Spouse/Partner Leave to remain March 2013 to Sept 2015

    The question is can I apply to extension on leave to remain or ILR because I have lived in UK with leave to remain almost 5yrs now?

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

      Your time on the Tier 4 student Visa and the Tier 1 PSW would not contribute to ILR and you will need to do 5 years consistently on your Spousal Visa in order to gain your ILR.

  • Sandor

    Hi John,

    I booked for premium service for myself and my wife – 4 August 2015. I was planning to get premium service for ourselves and then do postal service for my 3 daughters. I would like to do premium service for all of us now on same day i.e. one application.
    How do I go about getting my daughters onto my appointment time? Do I cancel and rebook or can I reschedule? Is there a number for Croydon premium service office that I can call?

    Also – doing through ancestry. I see I have to reprove ancestry. I am missing original of my grandparent’s marriage certiicate. I have a certified copy. Have reapplied for it but unsure whether I’ll have it by then. Will this be something that could jepodise the entire application?

    Lastly- I have 3 points for speeding in Oct 2010. Is that something needed to go on form as civil penalty? Will this jepodise my application?

    Thanks
    Regards
    Sandor

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

      Hi Sandor,

      You will need to cancel your appointment and book a new appointment with your children included.

      The other questions that you have would be handled by our casework team as part of our full representation service. If you would like to take up our service to assist, please could you send your email address and one of our consultants will be in touch with you.

  • Jolly

    Dear John,

    I am on a Tier 1(General) visa and am due to apply for an ILR in few months. I have made 2 successful tier 1 extensions and hope the same outcome for ILR.

    But now I am looking to marry a British citizen soon. I know him for the last 6 years.

    Will this marriage impact my ILR application?
    Do I need to use a different form for applying?
    Will I be under different rules as to what applies before marriage?

    Please may you help, pls.

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

      Hi Jolly,

      As you hold the Tier 1 visa, your application for Indefinite Leave to Remain would be applied for in this visa category.

      The fact that you are due to marry a British citizen will have no impact on your application.

  • Dawod

    Hi
    I came to Uk in September 2005 as a student and still on Tier 4 visa with no right to work.
    I am going to apply for ILR on long residency basis in August 2015.
    My question is what form do i have to submit for my wife(currently on student depend visa, expiring at end of August 2015) when i am going to apply for ILR?
    If it is FLR(m) then what about the financial requirement that i can’t fulfil?
    We have one child born in Uk.

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

      The FLR M form would be the correct one but the financials will need to be met, if your partner has been working in the UK for a period of more then 6 months then we are able to use both incomes to meet the £18 600 threshold.

  • MrsMdC

    Hi Hope you can help!
    I am British and my husband who is South African, is here on an UK Ancestry visa and has been for 4 years now. Since being on it, we have had 2 children and I have been claiming child tax credits. Ofcourse, because he is my husband and lives with me, his income has also gone onto the application for for the tax credits. but i am the main applicant and the funds go into my account. Just looking at applying for his indefinite leave, i see it can affect it? does it? will I need to say ‘yes’ where it askes on the form if he is claiming?

    Cheers

  • Winly Chan

    Hi John,

    I wonder if you can help me. Currently I am holding the spouse visa ( 5 year-route )

    What is the maximum days that I can leave the UK for holiday?

    Thank you very much. Looking forward to your reply.

    Winnie

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

      Hi Winnie,

      In order to gain your ILR you may not leave the UK for longer than 180 days in a 12 month period

      • Winly Chan

        Hi John,
        Thank you so much for your reply.

        sorry just one more question to clarify.
        So does it mean within the 5 years period, i have a limit of 180 days per year? Therefore, in 5 years i have a total of 900 days limit?

        Looking forward to your reply.

        Once again, thank you very much for you reply.

        Winnie

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

          Hi again.

          Yes, but it’s 180 days per a 12 month period (not a year measured January to January). Hope that clarifies.

          • Winly Chan

            thank you so much!

  • ali

    Hi John,

    My partner is a British citizen, she sponsored me, a Canadian, and I currently live in U.K. with a Biometric Residence Permit- BRP, which will expire on 21st December, 2015. However, I was away in Canada due to some medical problems of which I have Doctors note. I would like to stay with my family here in U.K. after 2015. My question is, what is the next step? Should I apply for indefinate visa, which costs £1500 or, extend my BRP which I don’t know how much it costs. Please kindly help. Thanks in advance.

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

      Hi, how long were you away from the UK?

      • ali

        Hi John,
        I have been away for a year and ten months. Thanks again

        Subject: Re: Comment on Indefinite Leave to Remain made simple

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

          In that case you would need to extend your BRP. Since you have been outside of the UK for longer than 180 days, you will not be eligible for ILR just yet.

          • ali

            Hi John,
            Thanks for the idea, but do you think my reason, which is major medical problem and disability might help me apply for ILR. If no , how much does extending the BRP going to cost and when do I apply? I appreciate alot for the assistance.
            Ali

            Subject: Re: Comment on Indefinite Leave to Remain made simple

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

            Hi ali,

            Can you please provide an email address or contact number so we can have a consultant get in touch with you to discuss your options?

  • Rob

    Hi,
    I came to the UK by student visa in 2009, I met my partner in 2010. Since then, we lived together. I changed my visa from student T4 to post study work (in 2011). In September 2013, I got married to my partner and changed my visa to spouse/partner visa, this visa will expire at the end of this year. As I’ve been with my partner since 2010 and we have been living together since then, can I apply for indefinite leave to remain or I u must extend my current visa for another 2 and half years?
    Many thanks in advance.

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

      Hi,

      Unfortunately the student visa does not count towards your residence and you would need to extend your current visa for another two and a half years.

  • Renette van der Merwe

    Hi there,

    I’m a South African national with Indefinite Leave to Remain, because my partner is a British Citizen. I’ve had some bad news from home and may need to travel home for a couple of days, but just realised that it may be a problem if my partner isn’t travelling with me. I recall the last time we were entering the UK from Amsterdam, my partner had to be present as they looked at my SA passport and Residence Permit.

    Can I travel to South Africa on my own?

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

      Hi,

      As you now hold indefinite leave to remain, you hold your own independent status.

      You will be free to travel in and out of the UK freely.

      • Renette van der Merwe

        Thank you very much for the response!

  • Jenny

    Hello John,

    I have been a recident in the UK for the last 6 years, which allowed me to receive a permanent recidence issued in Jan 15.

    I went back to my country at the end of March and stayed about 85 days, but for personal reasons, I am planning to go back and stay for another 3 weeks, which means I will be exceeding the 90 days that are allowed to apply for naturalistion.

    I just wanted to know if I am going to have any problems to enter the UK when I come back (since it would be the second trip to my country in this year, and before applying for my permanent recidence, I spent about 160 days outside during my 5 year recidence). Secondly, when will I again be able to apply for naturalisation?

    I look forward to hearing from you.

    Kind regards,

    Jenny

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

      Hi Jenny,

      You will not have a problem coming back into the UK, however you may not apply for naturalization until you can show that you have not been outside of the UK for longer than 90 days in the 12 months before you apply.

      • Jenny

        So, let’s say I come back in September, and if I don’t go abroad for more than 90 days, will I be able to apply for naturalization next September-October?

        Kind regards

  • Shirley

    Hello! I will be very grateful for some advice. I went for a job interview yesterday and was told that I do not have permission to work in this country. I have indefinite leave to remain (I am a dependent of my husband) so I was quite shocked. It was later explained to me that because my visa is in my old passport it will not allow me to work. However i am in a unique situation in that both my new and old passport are physically bound together. This was done officially in my country of birth when I went to get a new passport. All I need to know is do the Border agency not recognise passports that are physically bound together? I have a tight budget so it will be wonderful if I don’t have to spend money applying for the BRP. Thank you so much for your help.

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

      Hi Shirley,

      It’s not an issue of the passports being bound, but rather that some employers no longer recognise ILRs in passports.

      You will need to do the transfer of conditions and get the new BRP Card issued.

      • Shirley

        Thank you very much for your kindness. Appreciate it. I will start applying for the BRP Card.

  • Tushar

    Hi I am on PBS dependant Visa. My wife is now applying for permanent residency as she completed 10 years in Uk. Do i need to again apply for a new fresh visa if she gets her PR. Please help how to proceed? My wife is on tier 2 general visa

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

      Hi,

      Please advise which visa it is that your wife holds?

      Furthermore, please advise when it is that you were granted your dependency visa?

      • Tushar

        Hi, Thank you for your reply.
        My wife holds TIER2 General visa and now she is switching to ILR10 years of long residency in August.

        I was granted PBS Dependancy visa last month on 16-6-2015.

        Now do i also need to switch my visa again as my wife is switching. if yes within what time duration and also do i have to pay surcharge again as i have already paid surcharge till 26 august 2017.

        we are getting so confused as whenever we are calling home office, we are getting different statements from them.

        • Tushar

          I got my uk visa on 16 June 2015 i.e. tier 2 dependant visa and also paid a fees for surcharge till 26 august 2017. Now i am applying for spouse visa FLR(M) because my wife got her ILR so i have to apply within 28 days , so do i have to again pay health surcharge as 2 months back i already paid till august 2017?

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

            Hi, yes the NHS surcharge will be payable with your new visa.

  • Mani

    Hi, I am on Tier 1 general visa at the moment and will be switching to ILR next year February. My wife is in the UK as my dependent. My wife moved to the UK on 30-03-2014, her dependent visa is valid from 22-02-2014 and expires on 22-02-2016, same time as mine expires. I wanted to enquire more about my wife`s situation:
    – Is there a possibility that she can go to ILR with me next year?
    – If not, would she be extending as PBS dependent or FLR M and would she apply at the same time as my application or after I have received my ILR ?
    – Would she have the option of switching to ILR after completing her 5 years if that is a requirement on PBS dependent or FLR M?
    – Which SET form will I be using for ILR?
    I would really appreciate if you could help me with the above queries. Thanks!

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

      Hi Mani,

      Your wife has to complete 5 years in the UK before she can gain ILR. Unfortunately she can not extend her current visa because that visa category does not exist anymore.

      Once you have your ILR, you will need to go the FLR (M) route. She would then need to do five years on this Visa alone before gaining ILR.

      Please let us know if we can be of assistance with sorting out your ILR or your wife’s FLR (M) application.

      • Mani

        Thanks John, why can she not extend under PBS dependent visa category? https://www.gov.uk/government/publications/application-for-a-grant-of-leave-tier-1-2-or-5-pbs-dependant#history

        The category is still there on the site and immigration rules say that If you are granted ILR as a PBS migrant (which is true in my case), then dependent may extend as a PBS dependant shortly prior to expiry of leave… and that would not reset her ILR qualifying period…

        There is a lot of confusion around this point and for that reason I wanted to raise it on this forum to get your suggestion. I would appreciate if you could confirm if my understanding above is correct or wrong. Many thanks!

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

          Hi Mani,

          The website may be out of date. Tier 1 Extensions are no longer available and as the main applicant (you) has a Tier 1 Visa, you can’t extend the dependent visa. We’re happy to give you a call if you have any further questions?

  • Katie

    Hello,
    I am getting married mid August and want to apply for my Husband to join me in the UK on a spousal visa, my husband has been refused 2 visitor visa based on his wage not being enough and immigration not believing he would return to France. He has lived in France for 16 years with a resident card, his origin is Moroccan. Does his refusal complicated our visa application? Does he have to pay the NHS fee as he has paid in France and if we are unsuccessful is it a final decision?

    Many Thanks
    katie

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

      Hi Katie,

      The Spousal application will not be effected by the Visit Visa application being refused, but you will also need to pay the NHS Surcharge before paying for the Visa application.

  • Saba

    Hello

    I have indefinite live to remain in uk I’ve been in uk for 5 years but I’ve decided to apply for travel documents to go on holiday do you think that this will affect me for them to make a decision if I stay in uk or send me back?

  • Tafi

    Hello john, I would be very kind if you kindly advice me. I got
    Tier 1 visa in Feb 09 for 3 years then extend in 2012. I got ILR in 23rd Dec
    2014. I applied for naturalisation on 2nd of Feb 2015. After 6 month i receive
    a letter from home office that i need to provide them my original passport and
    my 5 years income proof between 2/2/2010 to 2/2/2015. Please note, this is not
    my Tier 1 5 years period, they ask for recent 5 years. My question is, do i
    still have to have same income when i was in Tier 1? What exactly they aim to
    check? I never hard that in naturalisation time they ask for income proof.
    Please advice. Thanks

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

      Hi,

      You will need to meet the same income requirement that you were required to meet when you extended your visa. Our case work team will be able to assist you in meeting all the requirements of ILR. If you would like us to assist you with your application, please forward your email address and one of our consultants will be in touch.

  • M Siddiqui

    Dear 1st Contact

    My TIER2 visa/entry clearance was issued on 25th August 2010 and I arrived in UK on 6th September 2010. I am a doctor and have changed various employers due to the nature of my job/training. My current contract expires on 6th February 2016. My employer has issued a letter confirming my contract details and salary which is above the required level (as per codes of practice). I have stayed in UK continuously during these five years and have been abroad for not more than two weeks in last couple of years. My questions are:
    1. From what date I will be eligible to apply for ILR Visa application?
    2. Does it concern to UKBA that my current contract is finishing on 6th February 2016 (I will hear from a different hospital in October 2015 about my next job) and is it going to affect my application? I am unable to find anything on the ukba website about this and generally people say that it doesnt matter when my current contract is finishing.

    I am hoping to apply for ILR by 7th of August 2015 if you think that I am within eligibility period.

    Your earliest reply will be appreciated.

    Regards

    Dr. M Siddiqui

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

      Hi Mr Siddiqui,

      Please see below responses to your questions:

      1. One is eligible 28 days prior to their 5 year residence period being reached in the UK.

      2. Once you have spent 5 continuous years on your Tier 2 visa, you may be eligible for indefinite leave to remain.

      However, should there have been any changes to your job spec then you would need to have been issued with updated certificates of sponsorship.

  • Ren

    Hello 1st Contact,
    I’ll call your office on Monday however on the off chance you’re able to reply to me here, I have a couple of questions regarding my ILR SET(O) via Ancestry application, that I’m due to lodge this coming week. As it stands I have completed the form with my fiancé as my dependent, we’re Australian & we’ve both been living in the UK together for 5yrs, however his first visa type was the 2yr Youth Mobility Visa. After this we switched him onto being my dependent on my Ancestry visa for the last 3yrs, which we only cottoned on to being an option whilst living in the UK.
    Will his 2yr Youth Mob. Visa count towards the 5yr continuous residence total?
    Or does it not matter as he’s my dependent now & we’ve both lived here for 5yrs?
    Separate to this I wondered given we’re going to get married would it not be better for me to solely apply for ILR & then citizenship a yr later, and after all this my fiancé could have spousal status?
    This might be cheaper instead of doubling up on ILR for us both now?
    Although this would only be yet another visa type I take it and he’d still need to maintain 5yrs continuously, get ILR + I yr for citizenship eventually?

    Thank you

    RT

  • Ren

    Hello 1st Contact,
    I’ll call your office on Monday however on the off chance you’re able to reply to me here, I have a couple of questions regarding my ILR SET(O) via Ancestry application, that I’m due to lodge this coming week. As it stands I have completed the form with my fiancé as my dependant, we’re Australian & we’ve both been living in the UK together for 5yrs, however his first visa type was the 2yr Youth Mobility Visa. After this we switched him onto being my dependant on my Ancestry visa for the last 3yrs, which we only cottoned on to being an option whilst living in the UK.
    Will his 2yr Youth Mob. Visa count towards the 5yr continuous residence total?
    Or does it not matter as he’s my dependant now & we’ve both lived here for 5yrs?
    Separate to this I wondered given we’re going to get married would it not be better for me to solely apply for ILR & then citizenship a yr later, and after all this my fiancé could have spousal status?
    This might be cheaper instead of doubling up on ILR for us both now?
    Although this would only be yet another visa type I take it and he’d still need to maintain 5yrs continuously, get ILR + I yr for citizenship eventually?

    Thank you

    Ren

    • Ren

      I should add that we both already have leave to remain from extending my Ancestry visa just last yr, with my fiancé as my dependant, to make up for us being outside of the UK for the first yr of my original Ancestry visa.

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

        Hi Ren,

        Unfortunately your fiance will not be able to gain ILR now as he will not have done 5 years solely on the Ancestry Dep Visa. The 2 years on the youth Mobility Visa would not contribute to the five years.

        Once you gain your ILR, your partner will then need to do an in-country switch to the UK Spousal Visa and complete 5 years on this Visa before gaining ILR.

        • Ren

          Thanks for your help!

          Last q. – once I get my ILR, is it also possible for my partner to stick with the Ancestry dep. leave to remain he currently has and do 5yrs on that as it is valid for 5yrs?
          Or would he need to switch to the UK Spousal Visa soon after I get my ILR?

          Thank you

          Ren

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

            Hi Ren,

            It won’t be possible for your partner to stick with the Ancestry dep, as it is dependent on your Ancestry visa. Once you get ILR, your Ancestry visa will fall away, so he’d have to change to the spousal.

          • Ren

            Hi there just to let you know that I got my ILR today and FYI I asked the Home Office manager who was there about my fiance’s status. She said he can stay on the FLR Ancestry dependant that he currently has (even though I now have ILR) and he doesn’t need to switch to spousal, he can stay on the FLR as it doesn’t expire till 2019. Ren

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

            Hi Ren,

            This would only be the case if the dependent entered before the 9th of July 2012. In this case they could then continue, if not they will have to switch to the Spousal Visa.

          • Ren

            Ok thanks. Could you point me in the direction of the Immigration Rules clause or other documentation that states this / or the changes made for 9th July 2012? I’d like to read the documentation you’re referencing. Thank you, Ren

  • Kay Johnny

    Hi John , i enter the UK on a 6 month visiting visa back in dec 22 nd 2012 ..after some time my dad decided he wanted me to stay ( he is a British citizen ) but ended up with a really horrible lawyer because of a friends reference, who applied for my stay the wrong way.. Causing me to be denied …I have now been here for almost 3 yrs while my dad makes up the money for a new lawyer so we can to at it again the right way…he’s saying we should go for indefinite leave but with my circumstances (overstaying) can I get indefinite leave to remain..

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

      Hi Kay,

      ILR is dependent on being in the UK on particular valid visas for the time of residence, so that will not be an option for you at this time.

      More than likely you will need to return to your country of residence to apply for a Settlement Visa. You may face a ban from the UK of up to 12 months for overstaying in the UK.

      Unfortunately this is not something which we can assist with as a case of overstaying will need to be dealt with by a solicitor.

      • Kay

        Thanks you

  • Mervyn Murray

    Hi there, I sent an email to you last week, but must have got lost somewhere. My enquiry is I am a British Citizen (with British Passport). My Australian wife applied for ILR back in 2007 and was approved. We lived in UK for approx 8 months (2007-2008) but had to return to Australia due to some pressing family matters. She would now like to reapply to live with me in UK. We are not sure which Visa to apply for this time, could you please advise. Many thanks.

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

      Hi Mervyn,

      As you hold a British passport, your wife will need to apply for a UK Spousal visa. Unfortunately her indefinite leave to remain status would have been revoked after spending more than 2 years out of the UK on this status.

      If you have any further queries please do not hesitate to contact our Australian offices on 1800 039 300 (free call within Australia).

  • shanaz

    Hi my husband has a indefinte visa on his passport but was told by his work boss he needs to apply for a geometric card,why is this if he has indefinate visa??plz help

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

      Hi Shanaz,

      There are many employers that are requesting that current Indefinite Leave to Remain holders apply for a transfer of conditions from the copy in their Passports and get the new Biometric Card issued.

      The application would be a transfer of conditions and would then lead to the Biometric Card being issued.

  • M Faisal

    Hi I would like to know if I can apply for ILR on the ground of 10 years rules with shortage of 7 days? I arrived in the UK on 12 sept 2005. My visa will expire on 5 sept 2015. I will complete 10 years exactly on 12 sept 2015. As my visa will be expired on 5th sept 2015, I will have shortage of 7 days to reach at 10 years. Would you please advise me if I am eligible to make Set LR application for ILR on the ground of 10 years rules?
    I would appreciate your advice.
    Many thanks

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

      Hi,

      This would be a complex case, please could you provide your email address so that one of our advisers can get in touch with you.

  • Riley Shaun

    Hello. I will be eligible to apply for my indefinite leave to remain by November but my current passport has expired since April n I can’t renew it at the moment due to some circumstances, can I apply with my expired passport for my ilr as long as I meet up with all other requirements thanks! Edward

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

      Unfortunately you’d need to renew your passport before applying for ILR.

  • shanaz

    Thank you for ur reply..is there a charge for the biometric card??

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

      Yes there is a fee. Please see below options.

      Postal:

      Application can take roughly 3-6 months; 1st Contact’s fee to assist you would be £340 (Inclusive of VAT) and the government’s fee is an additional £183.

      Fast track:

      Application will be finalised in roughly 12 working days, 1st Contact’s fee is £480 and the government’s fee is an additional £583.

  • jaddie

    Hi John,

    I would like to check if my visa expires on 20th August 2015 and I am only eligible to apply for indefinite leave to remain after 22nd August 2015 (I first entered UK on 18th September 2005). Will the 2 day period be considered as illegal stay? Will they reject my application because of this 2 day gap?

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

      Hi,

      In order to be able to properly advise you, please could you provide the following dates:

      The date your visa was granted, and the date you entered the UK on your visa:

      Please advise what visa it is that you currently hold?

      • jaddie

        The date of my Tier 4 visa was first granted on 1st September 2005 and I entered UK on 18th September 2005.

        I currently hold Tier 2 visa which was granted on 5th August 2013 and expiring on 20th August 2015.

        Will I still be able to apply for the visa with premium service?

      • jaddie

        The date of my Tier 4 visa was first granted on 1st September 2005 and I entered UK on 18th September 2005.
        I currently hold Tier 2 visa which was granted on 5th August 2013 and expiring on 20th August 2015.
        Will I still be able to apply for the visa with premium service?

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

          Please advise if you applied for the Tier 2 visa from back home?

          And if so what date did you enter the UK on your Tier 2 visa.

          • jaddie

            I applied for this Tier 2 visa in UK on 13th August 2013 and I have always been working in UK since graduated.

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

            Once you have spent 5 years continuous residence in the UK on the Tier 2 visa, you may be eligible to apply for indefinite leave to remain.

            Time spent on your Tier 4 student visa does not count towards indefinite leave to remain.

          • jaddie

            Hi, thanks for your reply. Yes I am aware that Tier 4 visa wouldn’t be counted. Hence I am applying via the 10 year long residence route.
            My main concern is that I am only qualified to apply on 22nd August 2015 but my current Tier 2 visa expires on 20th August 2015. Hence it’ll be 2 days after my visa expires. Will they still consider my application at the premium service centre?

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

            That should not be a problem, however in order to full assess your eligibility to apply for ILR we would need to assess your full 10 years.

            1st Contact offers full representation in these applications, our fee to assist is £1220 ( Inclusive of vat).

  • Rumman

    Hi, I got offer from company in UK they are offering me Teir 2 General Visa, I never visited UK, the salary which is offered is above the threshold. I am looking for UK settlement, will that be possible, I heard the gov doesnt issue teir 2 general visa at stretch for 5 year please advice.

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

      Hi,

      As your company is offering you employment, you would need to be issued with a certificate of sponsorship by them.

      Once you have received this, we will be able to assist with the Tier 2 visa. The initially visa is either granted for a period of 2 or 3 years after which you then will be required to extend the visa.

  • BBB

    hello, i hold a ILR visa and im applying for a job and it ask me what kind of passport i have 1.Uk citizenship 2. spousal visa 3.ancestral visa 4.working holiday maker 5. student visa and 6. work permit ..i been living in the uk 14 years now i dont know which one to answer and if i dont answer then my application can not go through .. do i have to apply for any other documents to be the prove to able to work in UK :l im stuck :/

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

      Hi,

      We would suggest getting in touch with the company you are applying with to let them know that the options available do not apply to you. As you hold permanent residency within the UK. It is possible that they left the option off the form in error.

  • Olalekan Abodunrin

    Hi there,

    I currently hold a 5 year resident card of a family member of a EEA national and my visa is supposedly expired on the 20/10/2015. Thereafter I would be eligible for a indefinite leave to remain. The issue right now is I’m a graduate and I’m currently attending interview and my worries is would my employer employ me knowing that my visa is expiring in two month? this baffles me. Is there any law that allow employment while you are being considered for ILR.

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

      Hi Olalekan,

      As your application for indefinite leave to remain will be submitted prior to your 5 year residence card expiring, you will have valid right to live and work in the UK as per your current visa regulations.

      • Olalekan Abodunrin

        Thanks seem like a relief. So you think I can apply for a job and be accepted based on my current visa, with expiring date in two month?.

  • Olalekan Abodunrin

    Hi there,

    I currently hold a 5 year resident card of a family member of a EEA national and my visa is supposedly expired on the 20/10/2015. Thereafter I would be eligible for a indefinite leave to remain. The issue right now is I’m a graduate and I’m currently attending interview and my worries is would my employer employ me knowing that my visa is expiring in two month? this baffles me. Is there any law that allow employment while you are being considered for ILR.

  • Joyce

    I have a British passport and lived in UK for 12 yrs I now live in South Africa. My husband has a South African passport and used to live in UK with me and got an ILTR visa, as my spouse, when we lived in UK. We have been back in SA for 5 yrs can he get another ILTR in UK as we want to return to UK.?

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

      Hi Joyce,

      Unfortunately the ILR will fall away because he’s been out of the country for more than two years. He would have to apply for a spousal visa.

      Please also note that, as of 2014, a spouse’s sponsor (in this case, you) needs to have an income of over £18,600 a year to support the spouse before the visa can be granted.

      Please let me know if we can assist you with your application.

  • GN

    Hi ya, I am due to apply for ancestry ILR, i needed to know if i need to show 5 years salary proof and 5 years residence proof for my application?? thanks in advance

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

      Hi,

      The Ancestry ILR application has a few requirements that need to be met. If you could please provide your email address and one of our consultants will be able to get in touch with you.

  • Marewan

    Hi John,

    I want to apply for long residency in UK based on ILR. In order to be granted ILR following 10 years long residence, the applicant must satisfy the criteria for continuous lawful residence. This means that they would have to meet the criteria for
    continuous residence as well as having been lawfully resident in the UK for at least 10 years. My application meets all the requirements in this immigration route
    of 10 years long residence expect this Time spent outside UK in the
    whole 10 years is longer than 540 days. I stayed outside UK for 585 days because of marriage and other family reasons. Will I be granted Indefinite leave or not or in other words will I be given a discretion and eventually be granted ILR?

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

      Hi,

      Unfortunately marriage is not considered a valid reason to be away from the UK for longer than allowed and it appears as if you’ve been out of the UK for 45 days longer than required for ILR. This will unfortunately cause issues with your application.

  • Alhaji Lateef

    Hi John
    Please I need a bit of advice. ..At the moment I got derivative resident card base that i got two kids age 3 and 4 they are both british by birth and I got full course study of the two kids ,I’m think of switching leave to Remain (FLO FR) Please how it that possible?
    Thank you so much

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

      Hi,

      We have responded to your first comment.

  • Alhaji Lateef

    Hi John
    Please I need a bit of advice. ..At the moment I got derivative resident card base that i got two kids age 3 and 4 they are both british by birth and I got full course study of the two kids ,I’m think of switching leave to Remain (FLO FR) Please how is this possible ?
    Thank you so much

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

      The extension may be able to be done if the Visa is nearing expiry and this can be fast tracked from within the UK. You will need to show that the children are still solely dependent on you.

  • Kay Scott

    Hello. I have lived in UK now 9 years and 10 months now and I was going to apply SET (LR) in this year September but I realised since July this year I have a EEA National family visa. I married my husband and I got a new Visa before hand I was holding a student visa. But now law has been changed since I got a new visa EEA National family visa it does not count which means that I am just short about 2 month. What should I do? Is there any chance to apply SET (LR)??? If you have any good idea please let me know. I know that there is a extend for 2 years but what are requirement please ? I can not find any. Thank you so much.

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

      If you’re on a 5 year EU Residence Card, you will need to complete 5 years on this Residence Card before proceeding with the Permanent Residency application.

      • Kay Scott

        Thank you so much for your advise. I was nearly completed 10 years long residence. I want to apply SET (LR). I would like to switch different visa. Do you know any possibility please? Thank you

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

          Unfortunately with the visas held to make up the ten years, ILR would not be granted and it would need to be done solely on the Residence Card.

  • Lola

    Hi,

    I have been living in the UK for 17 years now (since I was 3 years old), but I received limited leave to remain in the UK about 2 years ago. I just wanted to know if I would have to wait 10 years to apply for indefinite leave to remain or if I could apply earlier than that?

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

      Hi,

      If you settled with parents in the UK from the age of 3 and your parents have now gained permanent Residency or Naturalised, then you may be eligible to register as a British Citizen or Naturalise. ILR may also be an option but we will need to know what visas your family were on when they initially came to the UK.

  • Sazz

    Hiii!

    This seems like a
    fantastic and very informative blog. Well, my situation is fairly
    straightforward but I am being just a bit more cautious. I am a gay man
    currently living on Tier – 4 student visa (from Bangladesh) and I recently completed my
    masters from a renowned university in London. Long story short – I fell in
    love with a British man and we have been dating for few months now. I’d rather he moved to
    Bangladesh with me. Unfortunately, as you can imagine – Bangladesh isn’t the
    kind of country where gay couples would want to live! So he suggested we get
    married here. My concern is – how much of a hassle do we have go through for this
    given Theresa May’s stringent rules for non-EU spouses? (P.S. he satisfies the
    income criteria).

    Your enlightenment will be highly beneficial for us. Thanks!

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

      Hi Sazz,

      Should you marry, you could do an in-country switch from the Tier 5 Student to the UK Spousal Visa. This would fall under the FLR category and can be done from within the UK.

      • Sazz

        Dear 1st Contact, thanks a lot for your response. It’s invaluable. Our situation is a bit confusing. We would like to marry next year June/July (2016) (preparing wedding ceremony, etc are likely to take time) but my student visa expires in January 2016 (few months before if we plan to marry in June). In such scenario, will it be advisable to give notice of marriage now while I am in the UK (which, I suppose, will remain valid for 12 months) and go back to my country in January (before student visa expires) and then again come to the UK on a fiance visa in June? Or, is it simpler to just get married now (within my student visa) and do the ceremony, etc later in June when my spouse visa is sorted? Thanks a lot! :-)

      • Sazz

        Dear 1st Contact, we will be giving our marriage notice next week. However, our only concern is – his unmarried ex – who he has been exchanging legal notices with regarding the house they had mortgaged together. The settlement (which is being treated under property law because they were not married or civil partnered) will take another month, I suppose. I understand this can be an issue when I apply for my spouse visa – but do you think this will also be an issue during our 70 days notice period? It seems, for the marriage notice – the registrar only asks for passport and proof of address and in case of previous marriage or civil partnership, the dissolution/divorce papers. Thanks in advance.

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

          Your case is complex which is something that our caseworkers, who are OSIC regulated, would be able to assist you with as part of our full representation service that we offer. Should you wish for one of our consultants to get in touch with you to explain our service, please could you send your email address?

  • hana

    Hi john,
    I have a question regarding the settlement visa that
    I am on. I moved to UK under the sponsorship of my husband who was working in
    UK at the time. I was granted the visa in February 2014 and it’s due to expire
    in October 2016.

    Since then, we moved to Dubai in November 2014 and have
    remained here for almost a year now. We have only briefly visited twice in that
    time. From this I have the following questions.

    1) What will happen once the existing visa expires? Is there a chance to extend it even though i haven’t been living in uk for quite long ? We actually
    could be moving back to the UK before the visa has expired.

    2) If we can only reapply for the settlement visa once he has moved back to the UK as is in employment, what will be the case of proving income? Would it suffice to have earned money and provide proof of it in Dubai? thanks for your reply

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

      Hi,

      You could have the option to extend the Visa form within the UK if your partner was to extend the Visa.

      In order to extend from within the UK the income requirement should be met from within the UK with a UK-based employment over the last 12 months.

  • Jason

    Hi,
    I’ve (South African) been on student visas for the past 8 years, my mom and her husband are British citizens, could I apply for ILR?

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

      Hi Jason,

      You may apply for ILR after you have been in the UK for 10 years as a student.

  • Meti

    Hi John,

    Thanks for clarifying the ILR route.

    I’m married to a British citizen and my first 2.5 years leave to remain permit applied via FLR(M) will expire in 6 months time so I have been on the spouse ‘leave to remain’ permit for 2 years now. At the time of my application I was told by the immigration staff that when my current permit expires, I need to renew it for a further 2.5 years (making it a total 5 years) before I can apply for British passport.

    I have three questions:

    1) Reading the SET(M) guidance version 08/2015, it states that in order to qualify for ILR, you have to complete 2 years’ leave to enter or remain as the spouse of the person named in the application’. The 2 years bit confused me as I thought I needed to complete 5 years before I can apply for ILR and not 2 years?

    2) Also, on the gov.uk site, a document that was last updated June 2015 states that ‘if your spouse is a British citizen, you must usually have lived in the UK for at least the 3 years before your ILR application is received. Why does it say 3 years and not 5 years? Is this referring to people that applied for leave to remain before 9th July 2012 which will be confusing as it is updated in June 2015?

    3) In 6 months time when my current ‘leave to remain’ expires, do I apply using another FLR(M) form? Looking at the FLR (M) guidance version 04/2015 it states that ‘If you are applying for an extension of stay (rather than indefinite leave to remain) even though you have completed or are about to complete 2 years give the reason in section 2 of the application form and explain in more detail in a letter if necessary’

    Thank you in advance for any help

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

      Hi Meti,

      1) It would be a five year route to gain ILR on the Spousal Visa at the moment, the 2 year route is no longer applicable and this changed in July 2012.

      2) Yes the three year route is also incorrect as the 3 year route was also before July 2012.

      3) Yes the FLR (M) would be applicable and you will then be granted a further 2.5 years after which ILR would be attainable.

  • Ryan

    Hi, my wife’s spouse visa started on 17/8/2013 but she only arrived to the UK on 27/10/2013, 103 days after visa was granted rather than 90 days, the solicitor who i hired to help with the application never told me about the 90 days rule. My wife is due to get her visa extension in april 2016, will we have any problems getting the extension in 2016 or the ILR in 2018 due to her moving to the UK more than 90 days after her initial visa was granted in 2013?

    Many thanks in advance.

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

      Hi Ryan,

      Your wife will not have any issue with the extension but you will more than likely have to extend the Visa once more because her five years of Residence will be calculated from date of entry.

      • Ryan

        Thank you for your reply.

        If she needs to get another extension, would it be another 30month visa? Or a shorter period of time?

        Many thanks.

  • Muhammad

    Hi

    I need advice for next year regarding following please;

    Immigration History:

    Came to UK as student 14.10.2006

    Last visa PSW expired 09.02.2012

    Applied FLR (O) 07.02.2012 (still pending with Home Office)

    ILR Eligibility September 2016

    Wife came dependent 08.04.2009 (7 years & 6 months at my ILR)

    Ist Child Born 2010 (6 years & 9 months at my ILR)

    2nd Child Born 2012 (4 years & 8 months at ILR)

    I am going to apply for ILR on 10 year long residency route in September 2016.

    My wife’s going to be here for 7 years & 6 months at the time of my ILR application.

    I am planning to make PEO appointment. I have following questions;

    Can my wife apply at the same time as me at premimum service?

    Which application/visa do I need for my wife?

    Which visa are they going to give to my wife and for how long?

    Do I need to apply for my children or shall I go for their registration after my ILR?

    Also tell me your fees, please.

    Regards

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

      Hi Muhammad,

      Based on what visas you have, you may very well not qualify for the ten year ILR. Since your wife was listed as a dependent before the July 2012 change, she could do your ILR with you. Once you have both gained your ILR, your British0born children can then register as British Citizens.

      • Muhammad

        Hi
        Thanks for your reply. I am a bit lost. Do I qualify for ILR or not? As you said “very well not qualify”.
        Thanks

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

          Hi Muhammad,

          The time spent on the Tier 4 PSW does not count towards the ten year ILR application.

          • Muhammad

            hi
            thanks for your reply.
            mine was Tier 1 Post Study Work visa granted in February 2010.
            Also is it not 10 year legal stay in any category to be eligible for 10 year long residency.

  • Katerina Streltsova

    Hello,
    I have Tier 2 Intra company transfer visa (issued in 2014) for up to 3 years.
    If I switch to Tier 2 General visa, will the time I was being in UK on ICT visa be added to the time I will be being on Tier 2 General visa to make 5 years and apply for Indefinite Leave to Remain?
    Thanks

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

      Hi Katerina.

      If you switch you will be required to spend a full 5 years on the Tier 2 General visa in order to qualify for indefinite leave to remain

  • Benjie Libo-on

    Good day.

    I would like to ask regarding the new immigration law for non EU Tier 2 holder.Is there any limit to the number of hours that we can work per week to attain/get the annual salary of 35,000 pounds to qualify for the ILR?

    Thank you very much.

    Regards,

    Benjie Libo-on

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

      Hi Benjie,

      There is not limit to the amount of hours that you may work.

  • Hannah

    Hi,

    I applied for a Tier 5 Youth Mobility Visa so I could join my long term partner (a British citizen) in the UK. I have been living here now on this visa for 18 months. We have lived together for this full duration and plan to do so for the remainder of my visa which will bring this up to 2 years.

    However, now I am wanting to apply to remain here with my unmarried partner. I would like to apply from within the UK before my current visa expires, however this would mean my boyfriend and I will not have been living together for the full two years that is required.

    If I apply just before my visa expires and use the ‘premium’ service, we will still fall short of a few days from 2 years. We fulfil all other requirements including the income threshold. Is this going to be an issue though and what options do I have if so? Is there anyway I might be eligible to apply earlier even if we’ve been living together for less than 2 years?

    Thanks,

    Hannah

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

      Hi Hannah,

      I would suggest applying as close to the expiry date as possible, and providing a document within the last month to prove cohabitation for the full 24 months.

      1st Contact will be more than happy to assist you with your application, should you wish to utilise our services you can contact us at immigration@1stcontact.com

  • xmastermind3

    hi. i am having 5 yrs residency permit b`coz of my wife who is Italian citizen.my wife never worked but i am having earning of 22000 pounds./yrs..
    my 5yrs residency permit expires is may2015.my question is how can i apply for ILR.
    please guide me..i need it,
    thanks

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

      Hi,

      Please could you provide your contact number and I will give you a call to discuss further.

      Please advise if you and your family hold comprehensive sickness insurance.

  • Pollypanda

    Hi there,

    My husband and I are both Australian and are living in the UK. I entered UK on a Youth Mobility visa in April 2009, and then applied for Leave to Remain as a dependent on my husbands’ ancestry visa on in March 2011, which was then renewed in October 2013 and extended to 2018.

    1) I understand that the Youth Mobility visa does not count towards the 5 year qualification period, and on that basis I would be eligible for IRL in March 2016, is that correct?

    2) My husband is eligible for a British citizenship under the UKM form. If he applies for his British Citizenship now, then his Ancestry visa status will be revoked. As I’m dependent on this, will that impact my visa and ILR application?

    3) If I apply for citizenship under the AN form after my husband becomes a British Citizen, the requirements state that I need to have ILR status and been resident for 3 years, but then need to have been resident for 5 years to apply for ILR under the SET(0) form? That seems strange, is that correct?

    Thanks for your help.

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

      Hi Pollypanda,

      Because your Ancestry Dependent Visa was issued before the 9th of July 2012 change you may be eligible for your ILR when your husband qualifies.

      If your husband was to gain his British Citizenship then you would need to switch to the UK Spousal Visa and do five years on this before gaining ILR.

      • Pollypanda

        Thanks for responding so quickly, that’s given me something to think about.

      • Pollypanda

        Thanks very much for your help, I really appreciate it. I have narrowed it down to the following approaches:

        1. We both apply for ILR now as my husband is eligible, which breaks then link between my visa and his, then he applies for citizenship under UKM, then I apply for citizenship once his approval comes through as the spouse of a BC using form AN.

        2. Same as above except I wait until March 2016 to apply for ILR on my own, as I will then be eligible under the 5 year residence rule.

        However, I’ve been told that as a dependent on my husband’s ancestry visa I may not be able to apply for ILR unless he does even if I meet the 5 year criteria, which rules out option 2. Could you confirm if that’s correct?

        • Pollypanda

          Hi there, I’ve found information that confirms that as a dependent of my husband with an ancestry visa I must apply as a dependent with him for ILR, so only the 1st approach applies.

          Thanks very much.

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

            Hi, yes an Ancestry Dependent cannot apply for ILR without the main Visa holder doing the same.

  • Devonte Jacobs

    hi, i am 15 years old and i am looking for help for me and my mom to stay in this country for Indefinite Ream in this country, we are from Kingston, Jamaica and me and my mother has been in this country for 14years from today 2015, she has been through all the procedures e.g 3 years to stay and etc. And then the last part where she pay like over £2000 and then still waiting for the last part but they still havent sent the papers back in over about 3 years now? i thought it was 10 working days, what is going on? we have solicitors on our case and still nothing? what have we done wrong?, recently the only bad thing i done was have been giving a Conditional Caution for a carrying a defence weapon in public, will that affect me? i need help please contact me through djej619@gmail.com or 07456291662

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

      HI Devonte,

      Unfortunately as you and your mother have overstayed we would not be able to assist. Going through a solicitor would be your best option.

      • Devonte Jacobs

        what do u mean we have overstayed? wat is the meaning of that? we have sent off all of our papers whithin the time limit they have said to send it and we have payed them? what is going on with this government? we are still waiting for the papers and all now we still havent got them back? WE ARE GETTING ROBBED AND SKANK, why do i have to live through this? i need as much help as possible please forward my message to someone that would help

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

          Hi Devonte, we understand your frustration but unfortunately there is nothing that we can do with a currently pending application. We would have to start a new application for you and then it would be viewed as overstayed (your papers were sent off within the time limit, sending them off again now would put them outside of the time limit). You’d also have to pay that fee again which is of course not ideal.

          The person who can help you with a currently pending application is a solicitor. If you have had no luck with your current solicitor, we usually recommend Peter Lock http://www.peterlockandcompany.com.

          The other option is to try and get hold of someone at the UKVI to follow up on your case. https://www.gov.uk/government/organisations/uk-visas-and-immigration

  • Sogalie

    Hi, I was on a tier2 company sponsored visa till march 2011 b4 i switched to teir1 general, can i combine my stay under dis 2 catergories 2 apply for my ILR using the 5yrs route?

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

      Hi,

      You are able to combine both the Tier 2 and Tier 1 visas to meet the ILR requirements.

  • hana

    Hello,
    I would really appreciate your reply to my message as it’s very important to me.

    Hi. I have a question regarding the settlement visa that I am on. I moved to UK under the sponsorship of my husband who was working in UK at the time. I was granted the visa in February 2014 and it’s due to expire in October next year.

    Since then, we moved to Dubai in November 2014 and have remained here for almost a year now. We have only briefly visited twice in that time. From this I have the following questions.

    1) What will happen once the existing visa expires? Is there a chance to extend it? We actually could be moving back to the UK before the visa has expired.

    2) If we can only reapply for the settlement visa once he has moved back to the UK as is in employment, what will be the case of proving income? Would it suffice to have earned money and provide proof of it in Dubai?

    Thank you .

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

      Hi Hana,

      Please could you send your email address so that one of our consultants can get in touch with you?

  • Melike Komur

    I lived in the UK between 1995 – 2006 and completed high school – postgraduate there. I already have ILR but my question is I moved abroad in 2006 for work. The last visit I had to the UK was in November 2008 and but I wish to make a visit again. Am I eligible to enter with my indefinite leave to remain or do I need a visa? Thank you in advance.

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

      Unfortunately as you have spent more than 2 consecutive years outside of the UK, your indefinite leave to remain status in the UK will have been revoked.

      Yo will need to apply for a UK visa.

  • Tinashe J Ruwona

    Hi , have an indefinite leave visa and on the visa it has expiry date and it is in my old expired passport .does that mean my visa is expired ??

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

      Hi Tinashe,

      Your Indefinite Leave to Remain would not lose its validity but you should apply for a transfer of conditions and the ILR would then be granted in the Biometric Card format.

      • Tinashe J Ruwona

        If the date on the visa says it has expired does that mean U can’t use the visa?

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

          Yes once the Visa has passed it’s expiry date it would no longer hold validity.

  • Nicole

    Hi. I have a question. I have been a naturalised citizen in the UK since December 2014. On 3 October 2015 my wallet was stolen which had my ILR card in it. I have had plane tickets booked to go to Portugal this Thursday. Can I travel without my indefinite leave to remain card and just use my US passport!?! I’ve reported my card stolen and the police are aware of the case. Any help would be wonderful!!! I’m panicking a lot.
    Kind regards,
    Nicole

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

      Hi Nicole,

      You will need to travel with your ILR card, you will need to apply for a transfer of conditions before you travel

  • Jamaican Youth

    I just want to ask one question is indefinte leave to enter same as Indefinite leave to remain ?

  • Jess

    Hi there, I’m Australian and have been living and working in the UK for 5 years on three different visas and I’m wondering if I can apply for IDL off the basis of all three of them??

    I had a One-Year Study visa then a two year Post-Study visa and am currently on a Tier 5 youth mobility visa??

    Thanks. Jess.

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

      Unfortunately none of those visa categories count towards residency within the UK.

  • sadiq

    Hi John,
    I am on Tier 1 General and my wife is on PBS dependent I will be eligible for ILR in 03/2016 but my wife wont as she got her visa in 01/2014 and came to UK in 01/2014, can I extend her visa as a PBS dependent? or I have to switch category and apply for FLRM?

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

      Hi,

      As your wife does not yet meet the requirements for indefinite leave to remain, your wife can apply for a PBS extension

  • Azim

    Hello John,

    I have couple of question regarding citizenship and appreciate any help about.

    1- I am applying citizenship for my wife this October the 1st. She has got ILR on the 14th of November 2014. When I applied her ILR in November-13 as Tier-1 dependent, she took up English language test CEFR B1 ESOL that was one of the approved exams for English language offered by EMDQ. I understand that the rules are changing with the new AN form and EMDQ is not in the list anymore. Could you please let me know if her EMDQ certificate is still valid please or should she has to take up new test to prove her English language?
    If her certificate is still valid then how can I mention it in the AN form (1.26) as awarding body EMDQ isn’t mentioned there neither on the home office’s transition list.
    2- As my wife doesn’t work that’s why didn’t apply her N.I number. But there is field about N.I number in the form so do I apply N.I. number for her AN form?

    Many thanks!
    Azim

  • Mo

    I came to UK as student on tier 4 visa on October 2011 then i got my 5 years leave to remain resident permit on may 2013 , so can i apply for indefinite leave to remain on October 2016 or i have to wait until my new permit finished

  • Asad Majeed

    Hi

    I received ILR on 15th Nov 2014 (Same day Service) based on my 5 year stay in this county on Tier 1 visa. I know that I am supposed to apply for naturalization on 16th Nov 2015. I am planning to go through NCS for my application and wanted to do it on a Saturday due to my job and Brentt Council can do it on Saturday 14th Nov 2015. So it will be actually a day before end of 12 month period. Shall I book my appointment on 14th Nov 2015 or wait for another 3 weeks when the Saturday slot again becomes available. The reason I wan’t to go through NCS is for Peace of mind that everything is submitted. Can you please advise on this ASAP Please.

    Thanks
    Regards
    Asad

  • Jonas

    Hello,
    I (22yro) have been in the UK since January 2012 as an EEA family member. I myself am not an EEA national but my father(German) is. I am currently on a residence documentation which states (Residence Card of a family member of an EEA national—employment and business activities allowed.) Now my dad is planning to file for an ILR for me even though I haven’t been in the Uk for 5 years yet.My father has ILR in the UK and also is a EEA national. My question is that, will my dad’s ILR cover me and make me qualify for an ILR even though i haven’t lived here 5years yet?or i still have to wait for the 5 yr period?

  • CC

    Hello

    I am an EU citizen. My husband came into the UK in 2007 on a student visa, which kept him going. We met in 2011 and got married in 2012. He now has a 5 year dependant visa based on me, which started in March 2013 and will end in 2018. How soon can he apply for the ILR? I am considering leaving the UK for a year to work in Dubai- how will that affect him?

  • Ahr

    Hello,

    Good day, I’m from Philippines and my wife is currently working there in UK. Actually, we do really need your advices regarding on how could I join my wife working there. I’ve just been married with my wife last August of this year during our vacation in the Philippines and we’re both Philippine citizen.

    My wife been worked/stayed in UK for about 4 years up to now and didn’t yet apply for ILR in UK even once. So, would you please advise us what is the best way that we can do for now and what/where and when should we start process our papers.

    Currently I am working here in the Middle East (Saudi Arabia).

    I look forward to hearing from you.

    Thanks,
    Ahr

  • http://ahresh00@gmail.com Ahr

    Hello,

    Good day, I’m from Philippines and my wife is currently working there in UK. Actually, we do really need your advices regarding on how could I join my wife working there. I’ve just been married with my wife last August of this year during our vacation in the Philippines and we’re both Philippine citizen.

    My wife been worked/stayed in UK for about 4 years up to now and didn’t yet apply for ILR in UK even once. So, would you please advise us what is the best way that we can do for now and what/where and when should we start process our papers.

    Currently I am working here in the Middle East (Saudi Arabia).

    I look forward to hearing from you.

    Thanks,
    Ahr

  • Sola

    hello sir/ma
    I need your advise please.
    My 2009 PSW transition (after 1yr IGS) was refused in Mar09 so I left UK for 22 months until Pankina took effect in Oct11 through to Oct 2012. My Tier2 was refused in Nov12 until DLR was granted by a Judge, effective from May13 until Nov15. Judge said if I was not deprived of success at the ‘proper’ time, there would be no problem with my last two applications. Without any refusals my ILR would have been due by June2015 via Tier2 but as it is I am on DLR. UKBA in law twice making me loose time, money, employment, etc. Can I apply for ILR outside the rules on the principle of ‘proper’ time unfairness?

  • riz

    Hi, hope you well and thanks in advance.And appreciate very much for guiding us.
    In a brief here is my case below:
    I came to UK on August 2005n on Student Visa, got IGS visa on 2009, which ends on march 2011.
    I have applied for COA (Certificate of Approval) on December 2010, but didn’t receive in my hand till March 2011.
    Got married on April 2011, applied for resident card on May 2011.
    Resident card received for 5 years on July 2011.

    Now.I would like to apply for ILR as I lived in UK continuously more then 10 years but my question is am I eligible ?
    Cause I have around 2 months gap between 1 application to another. And i have received the Visa under EEA law. Please, advise.

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

      Hi,

      Please could you provide your contact number, as to advise you accurately I feel it would be best to discuss your case in more detail.

  • OLUSOLA

    hi, my wife has been on tier 4 student visa for the past five years, she now has a five month old baby, can she apply for indefinte leave to stay in UK.
    Thanks.

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

      Hi,

      Unfortunately the Tier 4 student visa does not lead to settlement within the UK.

  • Tersia

    Hi there

    I’ve been living in London since August 2010 on a Tier 1 (Migrant) visa. In May 2013 I had to return to Cape Town very suddenly for a family bereavement. I then stayed in Cape Town until September 2014, before returning to London again in September 2014. I’ve therefore been out of the UK for a total of 16 months.

    While I was in London over the 3 years prior to me going home, I also travelled quite a bit, but I never stayed out of London for longer than one month.

    My current Tier 1 Migrant visa which I obtained in August 2010, will now expire on 8 November 2015, and I would like to know what my options are in applying to stay.

    1. Can I apply for Indefinite leave to remain, as a special case because of family bereavement. I’m aware I need to supply a death certificate to prove this. Can this be a certified copy instead of the original?

    2. Do I need to do the Life in UK test?

    2. If I can’t apply for Indefinite leave, is there an option to apply to have my current visa extended, even though the 5 year period is now coming to an end?

    I just need clarity on the above as I need to know which application form I should use.

    I’m looking forward to hearing from you soon.

    Kind Regards
    Tersia

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

      Hi Tersia,

      I believe our team has been trying to get in touch with you regarding your query. Do you perhaps have a landline number that they can try? The answers to your questions are quite complex so we’d rather speak through it with you on the phone.

      Thanks

  • suarj

    Hi there,
    i have been living in uk for the past 7 years and never returned home or went outside the country. i reached UK in 2008 on student visa and eventually psw visa and now on work permit, I this the license is revoked for my employer and will i have any chance to remain in uk in a legal way an ilr or discretionary visa

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

      Hi,

      Unfortunately the ILR will not be issued as the Tier 4 and PSW Visas would not be able to combine towards this ILR. The likelihood of being granted discretionary leave based on this information is also highly unlikely.

  • Jay

    Hi,

    We are due to apply for our ILR early part of next year, after completing 5 years of our TIER 1 (General) route.

    I feel like I’m just been flashed by a speed camera on a Motorway (M25) where speed was temporarily reduced to 50mph and I was going at around 62mph as the lanes were pretty free flowing.

    Kindly advise if this will potentially have any issues on our ILR application?

    Also, if I receive a letter in this regard and is being offered a Driver Awareness Course, is that something which is preferable to do then, in order to keep my record clean for ILR application.

    Your advise here will be highly appreciated.

    Many thanks.

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

      Should you receive a Fixed Penalty, you are advised to pay that, and it should not affect your ILR application. Assuming that no further rules change between now and the time you lodge your application.

      If you get offered to take a drivers awareness course, then I advise you complete that. You must not contest the decision, as going to court will affect your eligibility for ILR.

  • sash

    Dear John,

    I am Serbian. We have been together for 16 years, of which 15 married. My husband was born in the UK to English parents. We have been living in the Middle East since the nineties and would like to return to the UK. Do I need to apply for settlement visa? Can you advise if form SET(M) or VAF4A should be used.
    Thank you for your help.

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

      1st Contact will be more than happy to assist with your application, we offer full representation in the UK for settlement visas.
      Should you be interested in our services, please provide your contact number, and we will get in touch with you.

  • matt

    Hello – I have ILR but have lived out of the UK for 2.5 years. I visit once a year. I keep bank accounts active in the uk and pay taxes as I am on an expat assignment. is my ILR still valid?

    Thank you,
    Matt

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

      Hi,

      As you have not spent more than 2 consecutive years out of the UK, it should still be valid. They only revoke ILR status should you not enter the UK within 2 consecutive years.

  • http://John John

    Hi john i just wondering if theirs any chance that they will reset my ILR if i go on a vacation outside the uk ? And what documents do u need to show if i go back in the uk

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

      Hi,

      You are permitted to travel whilst holding ILR, however one should not spend more than 2 consecutive years outside of the UK as they can revoke your status.
      You will just show your ILR and they will allow you back into the country.

  • Gaby

    Hello,

    I am currently under a Tier 2 visa (I have two years to go to apply for IRL), an opportunity with work has come up to go for 12 months to a job in Brazil with the same company. Within that time I will return to the UK at least 2-3 times for visiting. I would like to know if this will brake the rule of the amount of days I can be out of the country within those 12 months or can this be considered as an exception as I will still be paid in £ by my sponsor and pay taxes.

    Any help on this would be much appreciated.

    Thanks
    Gaby

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

      Hi,

      Unfortunately the 12 month break away will break your continuous residency within the UK.
      There is no discretion when it comes to this.

  • Vee

    Hi,

    I am working on Tier 2 at the moment and would like to clear about a question on ILR. I have been back to my country for 4 months (120 days) in the last 8 months as my company allows me to work from home.
    Some websites say I can be abroad for up to 180 days in 12 months, some say 60 days and some say 28 days.

    Could you please confirm if I am eligible for an ILR anymore or not?

    Thanks
    Vee

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

      Hi,

      It would be 180 days in each twelve month period.

  • Raoie

    Hello,
    I would like to ask about the postal application for extension of spouse visa. Is it required to submit the original passport of my husband or a photocopy is fine?I’m worried because the processing will take up to 8 weeks and he might need his passport within the time of application. Thank you.

  • karan sobti

    Hi, I have been in the UK for the last 10 years and currently hold a EEA partner visa which expires next year would like to apply for ILR on the basis of 10 years am I eligable.

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

      Hi,

      We need to get more information about your current status and previous statuses.

      Please provide us with a contact number or email address?

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

      Hi,

      We need to get more information about your current status and previous statuses.

      Please provide us with a contact number or email address, or email immigration@1stcontact.com

  • Chayan

    Hi, i have entered uk on oct 2009 and left uk nov2014. I was on a student visa all this while , however my visa was curtailed and i was and i was given a time to leave the country, which i did. I would like to know if there is any visa category i could apply from outside uk to re-enter in uk other than tourist visa. Also what are the possibilty of getting visa.

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

      Hi,

      Your best option would be the Tier 2 visa. It is a points-based visa category. Points are awarded for qualifications, future expected earnings, sponsorship, English language skills and available maintenance funds.

      You can read more about the Tier 2 visa and the various stages involved here: http://www.1stcontactvisas.com/united-kingdom/uk-work-permits.aspx

      Please let us know if you have any further questions.

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

      Hi,

      Your best option would be the Tier 2 visa. It is a points-based visa category. Points are awarded for qualifications, future expected earnings, sponsorship, English language skills and available maintenance funds.

      You can read more about the Tier 2 visa and the various stages involved here: http://www.1stcontactvisas.com/united-kingdom/uk-work-permits.aspx

      Please let us know if you have any further questions.

  • Praneetha Yogeswaran

    Hi, i have been living in the UK for 8 years and i am currently now on discretionary leave under family life for the past 4 years (applied again after first 3 years finished). We applied to assylum but it was refused. I just want to knw if i can go bck to my home country just for 2 weeks to visit my aunt because she is very ill at the monent. Will that effect my application when i apply for PR?
    Thankyou

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

      Hi Praneetha,

      We would advise you seek the advise of a solicitor.
      You may try Peter Lock and Company.

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

      Hi Praneetha,

      We would advise you seek the advise of a solicitor.
      You may try Peter Lock and Company. http://www.peterlockandcompany.com/

  • Shahbaz Ali

    Hi there,
    I am 18 years and have came on my parents visa, they are returning back to my home country and I am still studying and working here, I want to stay here as I’ve been here for 4 years, is there anything I can do?

  • Ruhi

    i stayed one year in student visa then i get spouse visa for three years. does that one year also counts if i apply for indefinite visa agter 5 years in united kingdom

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

      Unfortunately the Tier 4 student visa does not count towards indefinite leave to remain within the UK.

      Should your UK spousal visa have been issued after the 9th July 2012, you would be required to extend for a further 2.5 years and then when you have reached a full 5 years, you may be eligible for indefinite leave to remain within the UK.

  • disqus_b59I3DhHT7

    Hi,

    I am in my first year of a Tier 2 (General) visa that is valid for five years and plan on attending an MBA program in the UK at some point in then next few years, which will mean I will switch to a student visa.

    My intention is to stay on in London after that. Will my five year residency re-set after I graduate? e.g. Two years as Tier 1, One year as a student, Three more years as a Tier 2 (General) or will it be Five more years as a Tier 2 (General)?

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

      Hi,

      In order to qualify for Indefinite Leave to Remain, you would need to remain on your Tier 2 visa for the full 5 years, the Tier 4 student visa does not count towards indefinite leave to remain within the UK.

  • Anya

    Hello,

    Thanks for the above article, very helpful! Quick question – how long do I need to have lived in the UK if I have been on a..
    – Student Visa for 1 year
    – Post Study Visa for 2 years
    – Tier 2 Sponsored Visa for 3 years

    Do I need to wait for 5 years on a Tier 2 Sponsored to apply for ILR? Currently earning £50k.

    Thanks

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

      Hi Anya,

      Unfortunately the Student visas don’t count towards ILR, so you would have to wait for 5 years on Tier 2.

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

      Hi Anya,

      Unfortunately the Student visas don’t count towards ILR, so you would have to wait for 5 years on Tier 2.

  • Carla

    Please can you tell me where in Cape Town I apply for a returning resident visa for the UK. I have ILR but I only have the ILR letter from immigration & nationality department in UK, the stamp is not in my passport and Air France require me to have a visa in my passport. I got one last year but I cannot remember the name of the company that processed it (I think it was on van riebeck st)

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

      Hi Carla,

      You will need to get the ILR reissued into your passport, but if you have spent more then 24 months consistently out of the UK ,the ILR will no longer be valid. Unfortunately we do not know the place you are speaking about.

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

      Hi Carla,

      You will need to get the ILR reissued into your passport, but if you have spent more then 24 months consistently out of the UK ,the ILR will no longer be valid. Unfortunately we do not know the place you are referring to.

  • Sweech CKP

    My wife came to UK on Feb 2009 on Student dependent Visas. I have completed my Master Degree from the University of Manchestr and applied for PSW visas (I am Main applicant and my wife is PSW Dependent).Me and my wife granted PSW visas until June 2012.

    After 1 Year we both applied for Tier 1 General Visas ( Again I am Main applicant and my wife is Tier 1 general dependent). On this occasion I have granted my Tier 1 Visas but my wife’s application is being rejected and UKBA refunded application fees as she forgot to sign the declaration form.

    She applied for her Tier 1 Dependent visa after 7 months (on Jan 2012) and Tier 1 Dependent Visas were granted.

    Dose this seven month count as overstay when we apply for ILR? Is she stayed as illegal? Or her PSW dependent visa covers that stay on not count as illegal.

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

      Hi,

      We would need to assess all visas held and all letters pertaining to this, regarding the refusals and the refund etc.

      We will then be able to assess this based on the paperwork as to if she would qualify or not.

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

      Hi,

      We would need to assess all visas held and all letters pertaining to this, regarding the refusals and the refund etc.

      We will then be able to assess this based on the paperwork as to if she would qualify or not.

      You can contact us directly on immigration@1stcontact.com

  • Debbie

    Hi my ppartner came to the UK in 1965 from jamacia on his original passport it says too join parents he was 5 years old at the time. His parents were jamacian and already here. He as been here ever since never been abroad was at school here etc. He as worked here since leaving school and now is a security guard who as crd checks every year. The problem is his son is to be married in Greece in July but we don’t no if he is a citizen or does he need to apply and do the life in UK test etc to before he can get a UK passport to travel to Greece. He as an updated jamacian passport

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

      Hi,

      citizenship would not be granted automatically, he would need to apply for this.

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

      Hi,

      Citizenship would not be granted automatically, he would need to apply for this.

      • Debbie

        Thank you for your reply will he still need to do the life in the uk test to and does this mean there is no way he can go with his son to Greece to his wedding in July as it takes months even years to get your citizenship.

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

          He will be without his passport for around 4 – 6 months and will need to write the life in the UK test as part of the application.

  • M K

    Hi,

    To complete 10 years legal residency in UK i have short 15 days.
    My visa is going to expire on 29 Sep 2016 and ten years going to completed on 14 Oct 2015.

    Still i am eligible to apply for ILR?

    Regards,

    MK

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

      Hi MK,

      You will have had to complete a minimum of ten years in the UK and even a shortfall of 15 days would not allow for the application to be filed. We would also need to look at which Visas were held in this time period.

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

      Hi MK,

      You will have had to complete a minimum of ten years in the UK and even a shortfall of 15 days would not allow for the application to be filed. We would also need to look at which Visas were held in this time period.

  • Danila

    Hi
    can you help me please
    I enter UK in November 2005 as student, I had student visa until
    31.08.2009, but in April 2009 I’ve detained until trial which was in October
    2009 and been found not guilty, in November 2009 I applied for student visa and
    been refused with no right of appeal for late application (more then 28 days).
    I submit judicial review and got my student visa. Currently I have Resident
    card of family member of EU, my question is can I apply for ILR on 10 years
    long residents, thanks

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

      Hi,

      Due to the break in the residence requirement as well the fact that there was a refusal issued, the 10-year route will not be an option. The time spent on the Tier 4 student Visa will also not always count towards the requirement.

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

      Hi,

      Due to the break in the residence requirement as well the fact that there was a refusal issued, the 10-year route will not be an option. The time spent on the Tier 4 student Visa will also not always count towards the requirement.

  • mkem

    Hello, I’m currently employed under a Tier 2 working visa with a UK company; however, my partner is looking to split our time living between London and Munich. Given the restrictions above, would I only be able to be outside of the UK for 3 months total during the year, or does it make a difference if the destination is within the EU?

    Thank you!

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

      Hi,

      As you are the main Tier 2 holder, you are required to remain residing in the UK working for your sponsor and fulfilling the requirements of your certificate of sponsorship.

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

      Hi,

      As you are the main Tier 2 holder, you are required to remain residing in the UK working for your sponsor and fulfilling the requirements of your certificate of sponsorship.

  • Charlotte

    Hi, I’m a UK citizen by descent. I’m the sole parent of my child, 4, who is Canadian. I have dual citizenship. I would like to live and work in the UK permanently with my child. I have not lived in the UK before, but I have had a British passport since I was very young. Is it possible to get my child a visa/ILR? If so, what do I need to do this? Can I do it from inside the UK once I am working?

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

      Hi Charlotte,

      Your child would need a dependent visa to enter the UK. We’re happy to discuss the details of this with you. You can email us on immigration@1stcontact.com or we can give you a phonecall?

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

      Hi Charlotte,

      Your child would need a dependent visa to enter the UK. We’re happy to discuss the details of this with you. You can email us onimmigration@1stcontact.com or we can give you a phonecall?

  • bryan

    Visa is valid until july 2016 .made redundant sept 2013
    Got a tier 2 visa nov 2013 . But did not start away from new work because of family moving to a new place . Officilly startetd worked january 2014. Due to apply ilr dec 2015.. will my almost 3 months unemployed from oct 2013 to dec 2013
    Affect my ilr application?

    • bryan

      Letter received from ukba they need a letter from my previous employer start date and end date. Is this a good sign?

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

        Hi bryan,

        The period of unemployment should not affect the application and if you can show that you were seeking employment and not claiming government benefit in this period, then this would suffice. It is a good sign if they are asking for employment info.

        • bryan

          I Just sent the letter of my previous employer.letter stating i have been employed back when im still in student visa part time. Then 2010 as tier 2 general then extented again by june 2013 to july 2016 and in sept 2013 went on redundancy.
          Thank you for your reply. Will wait for there call now

  • Retch Castellani

    Hi John, I was granted 2 1/2 years spouse visa and next year I will be due for another application. Am I eligible to apply for ILR?

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

      Hi Retch,

      You will need to complete two 2 1/2 year stints on a spouse visa before you qualify for ILR.

      1st Contact can assist you to renew your spouse visa if you like. You can email us at immigration@1stcontact.com for more details.

  • Zoe Biscoe

    Hi John,

    I work for a homeless charity and am currently trying to help someone apply for a biometric residency permit.
    He is a rough sleeping foreign national (a white man from Zimbabwe) who has lived in the UK for 18 years who had a British Grandfather. He doesn’t have any ID as his passport has been lost, but he does know his passport number and his NI number. He would like to work legally.
    He committed a violent crime in 2002 in this country and went to prison here in 2010, serving 3 years. When he finished his term he wasn’t deported from the country due to a “legal mistake”. He won tribunal and was allowed to stay.
    If he applies for a biometric residency permit ( which will help his ID problem ) could they try and deport him again?
    What are his options ?
    Thank you in advance for any advice

    Zoe

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

      Hi Zoe,

      In this kind of case we’d recommend you speak to a solicitor as they would be positioned to give you the best advice in such a complex case. We can recommend Peter Lock and Company. http://www.peterlockandcompany.com

  • Mariya Brown

    HI, I am American, have been in the UK since 2009, on 3 visas: Tier 2 company sponsored, Tier 1 – Entrepreneur, and now Spouse Visa which ends in 3 months. What visa should I apply for next? Spouse renewal or ILR? Thank you

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

      Hi Mariya, you would need to extend your Spousal Visa as the combination of visas held would not qualify you for ILR.

  • skyline

    Hi,i came in this country at may 2006 as a student.now visa will be expire December 2015(student visa).I have my family here.my daughter is going to nursery.she is 3 years 7 six months old.and my wife working as a part timer.i have not got any work rights because of my visa condition.so in that case when my visa will be expire i will be in uk more than nine years & eight months.so my question is that after nine years & eight months of lawful living in uk am i eligible to apply for settlement?and my wife & daughter can extend their living?

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

      Hi,

      To qualify you must have had a continuous residence (no break in visas) in the UK for 10 years, and have spent no periods in excess of 6 months (at one time) away from the UK and you must not have spent more than 18 months in total away during the 10 years.

  • Sambhav Suktankar

    Hello, I received my ILR (Indefinite Leave to Remain) on 15 February 2015. Thereafter, I was out of U.K from 7th April 2015 and came back on 7th Oct 2015 (182 Days) for personal reasons.I match all the other criteria required for naturalization.

    As I was back in country on 7th Oct 2015, so rather than applying for naturalization on 7th Oct 2016, can I apply on 7th July 2016 (a few days more or less depending on what equates to 90 days) and count the 90 days as part of my leave that I had between 7th April 2015 to 7th Oct 2015?

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

      Hi Sambhav,

      The days spent out of the UK will be calculated 12 months back from the date of submission, so if you can show less then 90 days dating back 12 months from date of submission then this would suffice.

      • Sambhav Suktankar

        Thanks. So there is no rule to say that I need to be in the country on the same day – 12 months prior to application ( I think you need to be 5 years prior to submission)?

        And I can break the last part of my 182 days spend outside of the country to be included in the 12 months?

        • Sambhav Suktankar

          There is no clear directive on the Home Office website regarding this!!

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

            Hi,

            You will need to have been physically in the UK 5 years prior to the date of submission.

            If you have spent more than 90 days out of the UK in the 12 months leading up to Naturalisation then you cannot apply.

      • Sambhav Suktankar

        Thanks. So there is no rule to say that I need to be in the country on the same day – 12 months prior to application ( I think you need to be 5 years prior to submission)?

        And I can break the last part of my 182 days spend outside of the country to be included in the 12 months?

        There is no clear directive on the Home Office website regarding this!! so one is worried that it will be on the case worker’s discretion!

      • Sambhav Suktankar

        Can you advise on the below please?

  • Lekh Tamu

    hi
    i got tier 2 visa on 1/12/2011 but entered uk on 19 Jan 2012 so qualifying period for ilr starts from 19 jan which my entry date or 1/12/2012 which is the visa stamping date and also i came under the rules in place before 6 April 2011 as a head chef which was on shortage occupation that time and later changed to fast food restaurant manager so does 6 years visa limit apply to me or not . if not then can i extend my tier 2 visa multiple times without any time limit???

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

      As you entered within 90 days of your visa being issued, this will be viewed “counted” as continuous residency.

      One can extend their Tier 2 visa as long as the company wishes to continue sponsoring you.

  • Lekh Tamu

    hi
    i entered uk under the rules in place before 6 april 2011. does the upcoming salary requirement of £3500 applies to me for ilr???

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

      As your visa was issued to you after the 6th April 2011, you will be required to earn a minimum of £35 000 per annum in order to become eligible for indefinite leave to remain in the UK.

      • Lekh Tamu

        plz check the latest tier 2 policy guidance published by home office that states if the cos was assigned before 6 april 2011 the applicant is exempt from the new salary threshold requirement.

        # If you apply for settlement on or after 6 April 2016 and you are either a Tier 2 (General) or
        Tier 2 (Sports Person) migrant, a minimum earnings threshold will apply. You must be
        earning either at least the appropriate rate for the job or a gross annual salary of at least
        the minimum earnings threshold, whichever is the higher. The minimum earnings
        thresholds are:
         £35,000 if you apply for settlement on or after 6 April 2016
         £35,500 if you apply for settlement on or after 6 April 2018
         £35,800 if you apply for settlement on or after 6 April 2019
         £36,200 if you apply for settlement on or after 6 April 2020
        266.
        You will be exempt from the minimum earnings threshold if any of the following apply to
        you:
         Your most recent grant of leave was as a Tier 2 (Minister of Religion) Migrant;
         Your continuous five year period includes all or part of a grant of leave as a qualifying
        work permit holder, or as a Tier 2 migrant where your Certificate of Sponsorship was
        assigned before 6 April 2011;

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

          As you applied for and received your visa after to the 6th April 2011, you would only become eligible for indefinite leave to remain after April 2016. Therefore you would be required to meet the minimum of £35 000 per annum.

  • kristofer fou

    Hi John,

    Excellent article. I was just wondering about those who have taken a year out; for example I completed my university education in UK in 3 years from 2012 to 2015 (with a 2-3 month summer break each year) and will only start work after a solid year out of London. The work commences in september 2016, and my student visa expires in november 2015. Everything else is more or less settled; the annual income will be more than 35k pounds and no criminal records inside and outside of london.

    Does this break mean that I have to restart the 5 year period? Is there some appeal/factor that the immigration authority will take into account which would let me still apply in 2017 for an ILR or PR?

    Thank you very much.

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

      Hi Kristofer,

      During the continuous residence period, you cannot be outside the UK for more than 180 days in any 12 consecutive months. The absences must be for a reason that relates to the purpose of your leave in the UK, or for a serious compelling reason (such as a serious illness). Should you have broken this rule you will unfortunately need to start again

      • kristofer fou

        I see. Thank you! So it would appear that a nominal trip up to UK would be in order…

  • Uzair Rashid

    Hi,
    I got my ILR in 1995 and I work as a temporary locum consultant (doctor) in UK but I live in Pakistan. I go to UK every year for a couple of months to work. Now they want me to have a Biometric Residence Permit to work but I have not been to the UK over a year. I have never violated the 2 year policy of ILR and been to UK regularly. Can the home office revoke my ILR since I don’t live permanently in UK and come every year for 2-3 months. I pay my taxes regularly.
    Thanks

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

      Hi Uzair,

      The Home Office are able to revoke your status should they feel that you are not a permanent resident in the UK

      • Uzair Rashid

        Will they do it in my case?

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

          It will be up to the discretion of the immigration officer when you arrive in the UK

  • habal

    hello,

    I have been granted 3 years Tier2 visa since April 2013, I have offered a better job and I have applied to extend my visa under change employer, and I am waiting from the home office, I am married but I didn’t apply my husband as dependant as he doesn’t want to come to uk as he got a good job there, but I applied for my 16 years old son, so he is with me now and he is 19 years, I read somewhere that 2 parents should live in the uk to be able to grant dependant visa or indefinite leave to remain for your children, is it right? please let me know, I want to stay in the uk and so My son who is at the university year 1 now

    many thanks

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

      Hi Habal,

      Please could you provide your contact number, one of our consultants will give you a call to discuss in more detail. Alternatively, you can email us at immigration@1stcontact.com

  • Retch Castellani

    Hi John, my daughter is coming over next year using tourist visa. Is it possible that when she arrive here in the uk, I can apply for her for set f? or i just wait for my next visa application in september and include her on my FLR-M form?

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

      It is not possible to switch to another visa category form a visit visa unfortunately.

      • Retch Castellani

        Hi, I wonder if you can help us. My husband has an annual salary of £15,300 and a savings of £42,700. Is there any chance that he can sponsor my daughter who is 9 yrs old?

  • Pravin

    Hi John,
    Warm Greetings. Hope and wish you are doing great.

    This is regarding a advise/clarification with you for checking Eligibility for applying ILR.
    I have completed work and stay of 4 continuous years in UK and currently running 5th Year in UK.

    – My initial stay of 4.2 years was with the Visa rules in place before 6th April 2010 (Tier 2 ICT Long term stamped on Aug 2009)
    – My current stay is with a fresh new visa Tier 2 ICT Long term stamped on this Oct 2015 with the same company.

    The gap between my old visa and new visa is 4 months and i was away from UK for 152 days for getting the VISA and coming back.

    Is there are any chance that i can apply for ILR after completing this 5th year – considering 4 years in old visa and last year in new visa.

    Any advise on this regard would be of great help. Thanks in Advance

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

      If you left the UK to apply for a new Tier 2 ICT visa, you would not be eligible to apply for ILR, is this the case?

      • Pravin

        Hi John,Yes this is the case.

        So initial 4 years in the older visa and current 5th year in new tier 2 ICT visa will not work for ILR ?

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

          As you had obtained your new visa after the 6th April 2011, it is not possible to apply for ILR unfortunately.

          • Pravin

            Many thanks John. One last question.

            – I had initially spent 4 years in UK from 2011 May to 2015 June in my old tier 2 visa (Visa stamped on Aug 2009 and i reached UK on May 2011 and continued to extend here)
            – And now hoping would spend another 4 years in the new tier 2 visa.(started this Nov 2015)

            if i continue this way, is there any chance that i can apply for Long residency after 10 years. Assuming i complete this 4 year tenure and try getting a sponsor visa for another 2 years

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

            HI,

            As long as you are in the UK legally for 10 years have not been outside of the UK for more than 180 days at one time, then you may qualify for ILR

  • April-Tui Buckley

    We have Indefinite Leave to Remain, after having ancestry visas. We have had it for many years (8) and own a Limited Liability Company. We have a contract with a firm who for some reason are checking employment eligibility even though they’re not our employers, our company is. Anyhow, as the ILR Visa’s are in our expired passports they say that we MUST get a BRP. I don’t want to do this, I will apply for naturalisation when I can afford it. I believe we need a NTL stamp should we wish to not carry 2 passports. There seems to be no definitive answer to the question: are we legally required to have a BRP/NTL stamp if we have a ILR Visa in an expired passport, in order to work in the UK. I know we can carry 2 passports to travel and would assume we can then use 2 passports to prove who we are and that we can work in the UK. But nothing really accurately answers this.

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

      It is not a legal requirement to have one, however some employers prefer employee to have this.

  • Olga

    Hi,

    I have applied for Naturalization based on my residency in the UK. I am living here since 2007, settled (bought a house, in full time employment, kids born here – both hold British passports based on my 5 year residency prior their birth). I applied through Nationality Checking Services and few weeks ago received a letter from HO asking for more documents regarding year when I was pregnant with my second child (2012-2013). I wasn’t working (just relocated from England to Scotland) and have some pregnancy related health issues but did some distance learning courses during that time. Wasn’t on benefits as my husband had a well paid job. So we had a funds to support ourselves. Nationality Checking Services asked me for copy of my medical records and letters from GP’s and hospitals confirming I was attending appointments etc. which I did. Anyway HO asked me for bank statement, comprehensive insurance or EHIC card, invoices for my courses. I sent everything over (I have private Insurance Policies in place and EHIC card which covered requested period as well). Yesterday I received my documents and between them a letter saying that : As it cannot be deemed from the evidence provided that you have been exercising your treaty rights for a continuos period of 5 years you do not meet the requirement which is set on our website and you application has been refused. The letter doesn’t say anything which evidence were insufficient or what period wasn’t covered by documentation I have provided. It also says I may wish to submit a formal application for permanent residency (which by the way have the same criteria – 5 years in the UK). Why they’re suggestion that?I am confused now. I want to apply for reconsideration but don’t know what should I say in my application. I’ve got in touch with immigration lawyer in my area but she says it will cost me at least £500 plus VAT for an advice.Don’t want to spent another half a k if my application will be refused again. On other forums I read that only 49% of applications for reconsideration are sucessful.

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

      1st Contact will be able to assist you in submitting your application again, however we are not a position to offer advice after a refusal as each case is determined case by case. If you would like assistance with making a successful application, please could you provide your email address?

      • Olga

        Thank you for your reply. My email address is olgawojcik@hotmail.co.uk. I would be grateful for any help.Regards Olga

  • lami

    hello,
    thanks for the above article. my family and i would clarifications of my immigration status.
    I came into the uk in 2007 on a Tier 4 visa as a 15 year old to start my Alevel programme, and i have been here since then. After college, i remained here to start my bachelors degree (3years), immediately after, i proceeded to do my masters and finally i started my PhD last year. In all, i have been living here for 8Years + with a month holiday each year. my current study visa expires in 2019. but as researched i am eligible for the 10 year-long residency in 2017 and i would like to apply for an ILR.

    would i have any problems doing so? as i know that the immigration law in the Uk changes subsequently.

    thank you.

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

      Hi,

      As long as you have met all the requirements that are in place in 2017, you should have no problem in gaining ILR.

  • Kyle J Kong

    Hi John,

    I am a British national (overseas) passport holder. I work in the UK on a Tier 5 Youth Mobility Scheme Visa.
    My current employer is willing to sponsor me when my current visa expires.

    Question is will the time I have spent in the UK on a Tier 5 visa count towards the 5 year requirement for registering as a British Citizen?

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

      Unfortunately you will not be able combine the Tier 5 and Tier 2 visas to meet the requirement, you will need to start the 5 years residency again.

      • Kyle J Kong

        HI John,

        I found this on Home Office’s website:

        You may be able to register as a British citizen if you hold any form of British nationality.
        You will meet the ‘5 years residence’ requirements if:
         you were in the United Kingdom at the beginning of the 5 year period and

         in the 5 year period you were not outside the United Kingdom for more than 450 days and

         in the last 12 months of the 5 year period you were not outside the United Kingdom for more than 90 days, and

         in the last 12 months of the 5 year period your stay in the United Kingdom was not subject to any time limit under the immigration laws, and

         you were not at any time in the 5 year period in the United Kingdom in breach of the immigration laws.

        It does not say the Tier 5 will not be counted. Can you please confirm?

        Thanks,

        Kyle

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

          Yes, you can not combine these categories.

  • Rji

    Hi
    My case is very different. I have in UK since March 2010 first as a partner of tier 2 visa . And been on leave to remain as spouse since dec 2012. Now what route do I go to remain in UK. Will it be the extension on 5 year route to ILR ? Or am I eligible for ILR now since i meet all other criteria for ILR ?

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

      Hi Rji,

      You will be eligible for ILR once you have spent 5 years on your Spouse visa.

  • Adam

    Hi I have ILR and I got married last months and is it possible to apply for British passport or I have to wait 12 months before I apply? Thanks

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

      If you are now married to a British Citizen, you will not have to hold ILR for 12 months and you would have the ability to apply to Naturalise immediately.

  • Wala Na Mapagmahal

    hi john i just want to ask if it will affect my ILR visa cause next year january 18 is my 5th year here in the UK and im planning to go back to my country july next yearfor a vacation for maybe a year, this is my question does it affect my ILR visa when i come back in the UK ?

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

      Hi,

      Once you gain indefinite leave to remain within the UK, you are free to leave and return, however should you spend more than 2 consecutive years out of the country they have the right to revoke this status.

      However herewith the out of country requirements for you to be eligible to naturalise.

      1) You have continuously resided in the UK for the past 5 years with absences out of the UK amounting to no more than 450 days over that period.
      2) You have held Indefinite Leave to Remain (ILR) for 12 continuous months.
      3) You have not spent more than 90 days outside the UK over the past 12 months on ILR.
      4) You have passed the Life in the UK Test.
      5) You must have been physically present in the UK on the day 5 years before the application date. The application date is the date on which it is received by the Home Office. For example if your application is received on 20/04/2015 you should have been physically present in the United Kingdom on 20/04/2010. The period between this and the application date is called the residential qualifying period.
      6) You meet the Good Character Requirement

      • Wala Na Mapagmahal

        so there will be no problem when i decide to go back again in UK?

  • Wala Na Mapagmahal

    hi john i just want to ask if it will affect my ILR cause next year january 18 is my 5th year here in the UK and im planning to go back to my country july next yearfor a vacation for maybe a year, this is my question does it affect my ILR when i come back in the UK ?

    and i just want to add i got my my ILR card last 19/03/2013

  • Nap

    Hi
    I have now been in the UK for 7 years. I had a tier 4 student visa which expired after 3 years then I obtained a tier 1 post study work visa which lasted 2 years. When the tier 1 expired I returned to my country and applied for a visitors visa. I spent just 1 month in my country and returned to the uk where I spent just under 6 months making enquiries regarding a PhD program. I then returned to my country and spent 5 months in the country during which I obtained a student’s visa. I then returned to the uk and have been here for a year since I obtained the visa. Do you think I will still be eligible for an indefinite leave to remain after 10years please?

    Many thanks
    Nap

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

      As you were in the UK on a visit visa you will not be eligible for 10 year ILR as a visit visa will not be counted towards long residency.

  • Sule Dauda

    Hello,

    I have been living in the UK since 2008 as a student and in 2010 i get married to EEA member and my status was changed to 5yrs spouse visa, we divorced 3yrs after and i had a child with another British citizen in 2013 bt not married, i was given 2.5yrs resident permit as a father of a British citizen. totally i have been living in the uk for 8yrs, i need an advice if i am eligible to apply for indefinite leave to remain or do i need to apply for another 2.5 yrs residential permit.

    Thanks

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

      Indefinite Leave to Remain would not be an option as you would need to complete 5 years continuously on your current settlement Visa before applying.

  • Nabeel

    Hi.

    Great job firstly.

    I was 17 when I came to UK on Student visa in 2007. I switched it to PSW visa in 2010 and then to Tier 2 in December 2012.

    My parents who migrated at the same time as mine are now UK citizens.

    When can I apply for ILR?

    Many thanks

    NC

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

      Hi Nabeel,

      Please can you email us with the details regarding which visas you had and how long they were valid and we’ll be able to give you an answer: immigration@1stcontact.com

  • Jess k

    Hi John, just a quick question. I left the company that had sponsored me as I thought I can use the sponsorship to work anywhere. The home office notified the company I joined that I don’t have the right to work. Unfortunately this new company don’t sponsor for tier 2. I have offers from a different company but they have to advertise the role first to meet labour market test. How much time would home office give me to apply for new sponsorship?

    Many thanks
    Jess

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

      Yes the Tier 2 Visa does link you to the sponsored employment, in the case that you are looking to switch Tier 2 sponsors then a period of 60 days is usually issued to do so.

  • Kristin Hughes

    Hello, I am working toward ILR (which I can apply for in September 2016). My current tier 2 visa expires in April 2016. I do not know if my company will renew. What are my options between now and April and of course after April as well? If I can find a new Tier 2 job must I leave the UK for a year before getting a new Tier 2 job? Thanks.

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

      Hi,

      Should your company not renew your Tier 2 visa, then you would need to find a new sponsor and submit a new application for the Tier 2 visa prior to your current visa expiring.

  • samira_zafar

    Hi john,
    I am writing to know about my situation about staying in UK. I have a spouse visa to stay in UK till may of 2016, I came to UK 28 of October 2013. My husband is a British citizen and we have a 5 months old baby boy which he born in UK and has a British passport as well. After my searches, I understand that I need life in UK certificate and Esol entry 3 in Speaking- listening and Writing to remain in UK. At the moment I have just certificate of esol entry 3 in writing and I don’t have enough times to pass my test and exam.
    I would like to know if my visa expire, can I apply for indefinite visa after that date or not?
    And what should I do if your answer is negative and is there any rule for my situation? Thank you in advance.
    Samira

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

      Hi,

      Your Life in the UK Test will need to be written and passed before you file your Indefinite Leave to Remain application and this application will need to be filed before your Visa expires. Alternatively, applying for a visa extension may be a better option.

  • Samuel Disu

    Hi John

    Very comprehensive article. I have a question for you regarding ILR, I was originally here in 2007 as student, moved to the post study visa in 2009, applied for tier 1 general in April 2009. was granted on the 8 of june 2011. all these being in the UK, when is the earliest I can apply for the ILR? Many thanks

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

      Your ILR would be applicable once you have completed 5 years in the UK on your Tier 1 General Visa.

  • saaya

    Hi John. Thank you for the article above.
    Would you be able to answer a question about 10 years long residence (settle in the UK)? I would like to know if Youth Mobility Scheme visa will be counted in the 10 years of legal stay in the UK. Thank you.
    Saaya

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

      Hi,

      The 2 year working holiday visa will be included in calculating 10 year long residency within the UK.

  • Adeel

    Hi,

    A quick question, I am on Tier 1 visa and my wife has a dependent visa. In March 2016, we are planning to apply for ILR. A couple of months back, police stopped my wife for using her Mobile phone while driving and they advised her to take a Driver offender course “What’s Driving Us?”. No point on her license.

    Do we need to mention this in ILR form?

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

      Because the offence is not pending and has already been dealt with it will not need to be mentioned and will not have a negative effect on the application.

      • Adeel

        Thanks for the help

  • Mitch Rahma

    Hi John, I am on spouse visa living in the UK with my husband, I have completed the 1st two and a half years and now I am applying for extension, however, my husband has decided to leave the UK abroad for a year, is this might affact my ILR application later on ? Thank you

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

      Hi,

      Should you spend a year abroad, this will have a negative impact on your eligibility to gain indefinite leave to remain, you will then need to apply for another extension.

  • Michael

    Hi
    My husband an I living in Qatar, I am a British Citizen and my husband Lebanese. He guaranteed a spouse visa on September 2013 and the Spouse visa will expired June 2016, we are looking to renewing his visa again or maybe as married can he apply for his leave to remain as we planning to go back to England to settle by the end of 2016 can you advice me on what is the best way to apply and what kind of visa is the best to apply? Also we are about to have a baby soon. ( Baby will guaranty a British citizen as am giving birth in England so no issue on that ) FYI am posting Using my husband account :) Thanks
    Sophie

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

      Hi Sophie,

      You will be required to apply for a new spouse visa in Qatar. Your husband will need to show that he has been a continuous resident in the UK for 5 years before applying for ILR.

      • Michael

        Thank you very much really appreciated can he apply from England as we will be in England from march till May 2016 as we are having a baby? and any idea how long will takes ? as first time in the embassy took long time to issue the visa and what paper will be reacquired so we can bring with us?
        Thanks

        Sophie

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

          He can apply form the UK should the visa still be valid. The visa will take 4 – 6 months via the postal route and the same day fast track.

          • Michael

            Lovely That’s great am sure we will go fast track then, as he will need to go back at some point to his work in Qatar and he cannot stay for 3 to 4 month in row. one day to issue the stickers on the passport ? Thanks

          • Michael

            Hi Can you tel me where he can apply to renew the spouse visa in Uk , we are in Surrey and what form do he need to download for renewing ? and any idea on what paper work do he need ? Really appreciated
            Sophie

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

            Hi Sophie,

            Assisting with paperwork and forms is part of the service we provide our clients. Please let us know if you’d possibly be interested in engaging our services and we’d be happy to give you a call.

  • Yang Teh

    Hi John, I currently hold a Tier 2 general work visa and will wish to consider applying for ILR next year when I reach 5 years of holding this visa status. I have read about the £35k minimum salary rule for ILR that will be implemented in Apr 16. Even though my WTE (whole time equivalent) salary is above this minimum requirement, I work part time at two different agencies. Would both my work agency salaries be counted? My salary at the agency that sponsor my current visa alone unfortunately falls below £35k.

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

      Should you be sponsored by both agencies, then this should not pose a problem.

      However, should you be happy to provide your details I will ask my colleague who specializes in this visa category to get in touch with you.

  • Vanja

    Hi John,
    I hope you can help me.
    I came to UK in 2010 on fiancee visa, got married June same year and have been living in UK since. I have leave to remain which expires end of January 2016. We are currently separated, but not legally. Can I still get ILR? Which form should I use? I am working,not on any type of benefits if that’s relevant. Thank you

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

      Hi Vanja,

      You will need to show subsistence in your relationship in the year prior to your application. The form would be the SET M application form.

  • Salma

    Dear John,

    Warm greetings and thank you very much for all the information and help you are providing in this great website/blog.

    I would highly appreciate your help if you could help me out to assist my visa case.

    I am married to a UK British citizen since 29/Apr/2011. I have applied to the (2 years route) for my entry clearance visa (Spouse Visa) and it was valid from (05/Feb/2012 – 05/May/14). However, I came to the UK after four months from obtaining the visa and arrived on the (04/Jun/2012).

    Because I did not complete a full 24 months that officially qualifies me to apply for ILR (counting from 04/Jun/12, when I first entered the UK – 05/May/2014, the date my visa expires) I had to apply for an extension, which is currently valid from (07/Apr/2014 – 07/Apr/2016).

    My question is:

    Can I apply for the ILR using the form SET(M) any time sooner than Apr/2016? specially that I would like to take the advantage of the premium service option to greatly minimise the precessing time that my application would take.

    N.B: As I mentioned a lot of dates that might confuse the you as a reader, I decided to put them in a list to make it easer to follow:

    29/Apr/2011 (Got married to a UK British citizen)

    05/Feb/2012 – 05/May/14 (Validity of my Spouse Visa)

    04/Jun/2012 (First entered the UK)

    07/Apr/2014 – 07/Apr/2016 (Validity of my extension visa)

    I highly appreciate your response.

    Kind regards,

    Salma B.

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

      Hi Salma, I believe our visas adviser David has been in touch with you via email.

  • Narendra

    Hi,
    I came to UK in Aug 2010 on a ICT long term visa and completed 5 years in UK. Could u please let me know if I’m eligible for applying ILR as per the latest rules.

    Regards,
    Naren

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

      Hi there,

      If your Tier 2 ICT Visa was issued before the 6th of April 2010 then you may be eligible to apply for ILR.

  • Wala Na Mapagmahal

    hi john i just want to ask if i will apply for my neutralization how much does it cause? and how long is the processing of the passport

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

      The Naturalisation application is a fee of £1005 and the process is a postal one which takes between 4 and 6 months.

      • Wala Na Mapagmahal

        so the maximum day is 6 months ? or does it take more time ?

  • Amit Sharma

    Hi there

    I went through your website and believed that you can help me in my issue.

    I have a tier2 dependent visa till december 2016 and I left UK on 3rd Sep 2014 after bitter relationship with my wife who is teaching in a school there. We have a daughter aged 11 studying in London.

    I have filed for a divorce in Indian courts in 2014 but since then my wife has continuously denying me talks with my daughter and also changed her address. After I left the UK she made false allegation against me to Police that I have threatened her and my daughter and left for India. For this, I spoke to police and told them as I have filed for divorce she has been making all these false complains.

    Now my question is I want to visit London to check if my daughter is safe and I feel that what if my wife has complained to UKBA for cancellation of my visa?

    I also want to file for divorce in London also. if I file for divorce and then join my work in india and wants to go back to UK so will that be considered?

    Please help

    Thanks

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

      Hi Amit, as your case is quite complex we’d suggest that you speak to a UK solicitor based in India.

  • Fran

    Hiya,
    I was wondering about this I have infact got Leave to remain in the UK, I’ve been here for 14yrs. From I were a child I am now 20 and my current passport (jam) Has ran out. I want to know what is the cheapest and quickest way to apply for my UK Passport as I’m living alone and funds are quite tight. I have a paternal grandparent here also.

    Thank you

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

      You will need to first apply to naturalize as British and then apply for you passport, please could you provide your email address so that one of our consultants can get in touch with you.

  • fiona

    Hi, please i need advice. i have been living with my partner in the uk and am due to apply for my indefinite leaved to remain, but he is refusing to give me hos passort. can i get it without him?

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

      Please could you advise me to which visa you are holding in the UK?

      • fiona

        I have the 5 years spouse visa.

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

          You will be required to show his passport for the application. You may be able to sent in a certified passport copy.

      • fiona

        Which afterwards I can either apply for passport or indefinite. Don’t know if am right about the above information.

  • Altu

    Hello,

    My questions are about ilr in practice. As a EU citizen, I know I will need at least 6 years of residency in the UK to be a British citizen. I wonder whether you know about rejection rate. I mean if I met all the conditions do they still reject my application for no reason or I will most likely get my ilr/be citizen? Is it common to get rejected in my first application and need couple of years?
    I know it depends person to person, but please consider an average person. 30 y.o. professional, single, no convictions, good language skills.

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

      There is no apparent reason that this should be refused in the case that you have exercised the required treaty rights and gained your Permanent Residence.

  • Sara

    Dear John,

    Thank you so much for this great blog and for the great help you are providing.

    Kindly, can you please advise me on the following case please.

    I am a spouse of a British Citizen, we have been living together for 3 years and a half now during which we were living continuously in the UK. I am currently on the extension of my spouse visa which will expire on the 7th/Apr/2016. It has came into my knowledge that rather than applying for ILR I should instead – today- be applying for UK Citizenship. This is because the spouse of a UK Citizen have the right to apply for UK Citizenship after three years of marriage to a UK Citizen. This then removes the need to apply for any further visas.

    I applied for my spouse visa on Jan/2012 (2 years route).

    I entered the UK on the 4th/Jun/2012.

    Your response is highly appreciated.

    Kind regards,
    Sara

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

      Hi Sara,

      You are required to apply for ILR first and then citizenship. You don’t have to wait a year before applying after you have gained your ILR as you are married to a British Citizen

      • Sara

        Thank you so much for the reply, it’s very much appreciated.

        So you mean that I must be free from immigration control first before applying for naturalisation? (By obtaining ILR)

        Depnding on that I have two questions left please:

        1. Can I apply for the ILR any time sooner than 07/Apr/2016. (Expiry date of my spouse visa extension)

        2. How soon after ILR could I apply for Citizenship?

        Many thanks and kindest regards,

        Sara

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

          Hi Sara, You may apply for ILR 28 days before you can show 5 years continuous residency in the UK. Once you have your ILR you may apply to Naturalize.

      • Rick Guzman

        Situation: I am currently an MBA student who also has a full time job working from home for a US based organization. Once my program and student visa ends is there a way or a visa I can get in order to continue living in the UK? I would continue working at my current job from home and have no need to look for a UK based job or visa sponsor. In this job I make 80-100k a year (US dollars) and have the documentation to prove it. Do you know what type of visa this would require if I just want to live in the UK and have enough income to support myself without getting a UK job? I know its a long shot but even if there is any immigration law-firms that you guys could recommend that might have an answer that would be greatly appreciated! Thanks!

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

          Unfortunately there is no visa option to suit such needs.

          Should you be in a relationship with a UK or EU citizen, we could assess the partnership visa.

  • Punto Londres

    Hi there,

    I came to UK in 2006, next year I will have 10 years in the country, first 7 years as student the rest under a eea family member. I was wondering if I can apply 9 months before to complete the required time to get ILR.

    Thanks

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

      You would only have the ability to apply 28 days before your 10 years of continuous residence has been met.

    • Punto Londres

      Thank you for your reply.!!!

  • Hassan Nasir

    I’ve studied on a student visa for 3 years in the UK, after which i was offered a graduate job offer under a tier 2 visa. My question is if my 3 years prior to the work visa count towards ilr? Or must i work for 5 years on this visa to be eligible? Thanks!

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

      Hi Hassan. You will need to be on the working visa for 5 years

  • Rachel Roberts

    Hi, my daughter has lived in London for 2 years and her visa expires in January. She is desperate to stay on and we will do anything to help her. What, if anything, can be done to extend her visa?
    Cheers, Rachel

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

      Hi Rachel, is your daughter there on a Tier 5 Youth Mobility visa?

      • Rachel Roberts

        No, she has a tier 2 working visa. We are looking at every avenue for her to be able to stay including investing in the UK infrastructure? Can you give me any information regarding all avenues.

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

          Hi Rachel, we’d be happy to. Would you like one of our advisers to give you a call or email?

          • Rachel Roberts

            Email would be great, Thankyou

  • Adeel

    I have a quick question about my ILR application. I hope you will help me to clear my confusions.

    Its about Section 6 in SET(0) form

    6.1 When did you (the main applicant) first enter the UK? This refers to the date of your first
    entry into the UK at the beginning of the period of stay on which this application is based.

    I first entered in the UK on 9th September 2009, but I left after few days. I returned back permanently on 4th March 2011 and my 5 years will complete on 3rd March 2016.

    What date do I need to write in question 6.1, 9th Sept 2009 or 4th March 2011

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

      Hi Adeel, as our casework team is not handling your application, we are unable to advise. We’d suggest you could contact your nearest city council for advice.

  • Wala Na Mapagmahal

    hi john i just want to ask if the maximum day of applying for naturalization is only 6 months?

  • helen

    I have an indefinite leave to remain in uk for the past 15 years. I have got a criminal record. Can I be able to apply for a British passport

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

      1st Contact don’t assist with applications with criminal convictions unfortunately. You will need to get in touch with an immigration solicitor regarding this, we can recommend Peter Lock -http://www.peterlockandcompany.com/

  • Danila

    Good afternoon,
    I got married to EU national in Oct 2011 in UK and been issued resident card on august 2012, but unfortunately we are divorcing now. After divorce done do I need to apply for retain right of residence or can I wait until October 2016 to apply for permanent resident card?
    thanks in advance

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

      Hi Danila, Should you get divorced you will need to notify the Home Office of the change of circumstance and will need to apply for a different type of visa as the residence card will no longer be available to you.

  • Michael

    My name is Michael,I have discretional leave to remain ,I have finished the first three years of my discretional and I am on the second 3years dicretional which expires Jun 2017,by Jun 2016 I would have spent 5years ,can I apply for the indefinite leave after June 2016.thank you

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

      Yes once you have completed 5 years on your discretionary leave to remain you may be eligible to then apply for ILR.

  • Tasleem

    Hello John,
    Thanks for the details in your article. I am rather in a confused state and would really appreciate your view on what my options are.

    1. I am on Tier 1 General and would be eligible for ILR in June next year.
    2. I have my wife and 2 boys as dependents and another girl born a year ago with no visa at the moment.
    3. Wife and 2 kids applied for PBS dependent visa before July 2012 but was rejected but later the appeal was approved (as mistake by entry clearance officer) after July 2012 and they came here on Feb 2013.
    4. Of the two boys one was born here in 2008 (as my wife was here from 2006 – 2008 but then went back home in the mean time there visa ran out and they reapplied in 2012)

    My questions are
    1. Can my wife apply ILR at the same time under the Transitional provision ?
    2. Do I need to apply ILR for both boys or just the one who born back home ?
    3. I was thinking of not sending the applications of ILR for the boy and the girl born here and when I get ILR would apply for their citizenship straight, can this be done?

    Your help will be highly appreciated.
    Kindest Regards

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

      Hi Tasleem,

      In a case such as yours, and due to the fact that the original application was filed before the 2012 change, your wife would be eligible to apply for ILR.

      Only your child born outside of the UK will need to apply for ILR.

      Once you have gained your ILR, then your children who were born in the UK could register for British Citizenship.

  • Paris

    Hi,

    Thanks for the article. I’ve been in the UK lawfully for 9 years (came to study PhD and have been working in academia since graduation). I meet all ILR requirements but lack one more year. My Tier 2 (general) visa is expiring soon. I have the possibility to extend that but it will save considerable time and money if I could apply for settlement directly. Do I have any chances? Many thanks for your reply.

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

      Unfortunately based on the visas held you would need to have residence amounting to a minimum of 10 years and it would therefore be necessary for you to extend your current visa.

  • Romi

    Hi John, Could you please advice me on the following:
    I am applying for ILR on PBS Tier 1 route in Feb 2016 and my partner she came to UK in Aug 2013 and we got married in Nov 2014 and she moved on PBS Dependent visa on Dec 2014. So in this situation can I apply for ILR for her or FLR(M) ? Please advise Thanks

  • Mona Zamani

    Hi
    I have spouse visa since 2013 June my visa expired on 17 of March what do I do now????

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

      Since your visa expired, you would need to exit the UK for a 12 month period and then reapply.

  • Anthony W

    Hello, My wife has Indefinite leave to remain hence is settled in the UK. Does this give her any right to reside in any EU state ? I assume not but wanted to check before embarking on an expensive citizenship application. Thanks !

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

      Hi Anthony, indefinite leave to remain only applies to the UK. So any European travel will still require the necessary Schengen visa.

  • Olga Hartnady

    Hello. I have a question about applying for ILR. I am currently in UK on dependant/spouse visa. My husband is on ancestry visa and will qualify to apply for ILR in January 2017 after being here for 5 years. Can I apply together with him as dependant if at the time of application I would have only been in UK forb4 years? Or do I need to meet 5 years requirements as well which will mean for me waiting another year and applying by myself?
    Thank you in advance

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

      As you received your dependency visa prior to the 9th July 2012, you will be eligible to apply at the same time as your husband.

      • Olga Hartnady

        No. Unfortunately I’ve received my dependency visa in December 2012. What will be the procedure for my case then?

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

          Hi, in that case, we would advise that both you and your partner await until you are both eligible for indefinite leave to remain within the UK, and can therefore lodge the application at the same time.

          If your partner were to gain indefinite leave to remain first, you would need to switch over to a spousal visa and this will mean your 5 years will start again from the date the spousal visa is issued.

  • Inderjit

    Hi I live in UK for last 7year different visas and I have two kids one is born in UK and one born in India both live with me last 5 years both my depend visa. Can I apply for ILR.

    • Inderjit

      Please let me know

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

        Hi Inderjit, You will need to be in the UK for 10 years on multiple visas in order to apply for ILR

  • Shahwaiz

    Hi, First of all I would like to thank you for your great work. I have a quick question. I am planning to apply ILR this march with 3 dependents. Do I need to fill 4 separate set(0) forms or one single set(0) form is enough for all of us.

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

      Hi Shahwaiz, you will require forms for each applicant.

  • Hasmat

    Hi John,
    I need some serious help. I have been living in the UK for the last 9 years. My visa will run out In another 2 and half months. Then I will need another 9 months to go to 10 yrs long residency route for ILR.My current status is Tier 4 student and this is my 2nd Masters. Now I am trying to get the PhD admission. However, I have not heard from any university yet. So, I am not quite sure what I should be doing right now.

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

      Unfortunately there is nothing you can do in the interim as such. I would advise contacting the UKVI on 0300 123 2241

  • marya

    Hi

    I have a spouse who has been living in the UK since 2004 and has indefinate leave for 10 years now. I found out now he has another 2 wife back india which i didnt know. We are currently undergoing divorce, Is there anyway to revoke the indefinate leave to remain?

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

      Hi Marya, sorry to hear this happened to you.

      Unfortunately, as ILR is held in your spouse’s name and granted on an individual basis, not a dependent basis, there is no way for you to get it revoked.

  • Melanie Moon

    Hello, This may be a simple answer to a simple question, but hear me out.
    I am about to apply for ILR in person and through reading over the application there are many pages that don’t apply to me – but it doesn’t say ‘if this doesn’t apply to you go to point a’ or something along those lines.
    Do I skip the pages and questions that are irrelevant? or do I write N/A?
    The guidance notes do not indicate what to do – and I just want to make sure I cover everything that is required, so when they are going through my application they don’t simply thing I have ‘missed’ out a few pages.
    Thanks!

  • Melanie Moon

    Oh! and also – as I have paid already when I booked my appointment for the ‘premium service’ I do in person – Do I leave the ‘payment deatails page 7 / 87’ blank? or do I still fill it out?

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

      Hi Melanie, preparing forms is part of the service that we provide our clients. We are able to do the entire application on your behalf in order to ensure the application stands no chance of refusal, depending on when your appointment is. We would need around 2 weeks.

      • Melanie Moon

        Hi John, Thankyou for your reply.
        My appointment is Monday 18th of Jan at 9am in Croydon – too close? Oh ! and what is the rate for filling out the forms?

        (I am an Australian applying for ILR – I’m currently on an Ancestry visa.)

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

          Unfortunately we are not able to take over at this stage, but you could contact your nearest visa checking centre to walk through the forms with you.

          • Melanie Moon

            I have looked all over the gov website for the ‘visa checking centres’ but can’t seem to find any info. Do you happen to know what link/website I need to go to, to locate the search to find one close to me?
            Thankyou for your help.

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

            You would need to contact your local council.

  • JOY KEMIGISHA

    My names are Joy,i have lived out of the UK for over 9 years. I have a indefinite leave to remain in the UK. How easy is it to return and what difficulties shall i face.

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

      As you have been outside of the UK for longer than 2 years, your ILR would have been revoked unfortunately. You will need to apply for a visa to enter the UK

  • 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

  • Meltibz

    I first entered the UK in 02/2006 and in 2009 I was abroad for 238 days mostly due to my child short term illness. Will I still be eligible for indefinite leave under 10 years long residency

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

      To qualify you must have had a continuous residence (no break in visas) in the UK for 10 years, and have spent no periods in excess of 6 months (at one time) away from the UK and you must not have spent more than 18 months in total away during the 10 years.

  • immi

    Hi, what will happen to the spouse and children under 3 years old who have completed five years only while a student applying for ILR in the case of ten years completion.

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

      Your spouse and children will need to apply for settlements visas once ILR has been granted.

  • Lewis

    Hi John was just wondering if you can help me, myself my wife and my son are all going to New Zealand to live and work, however my son and i are british citizens and my wife is a Thai citizen if we leave the UK will she still be able to enter again with no hassle as she holds a leave to remain visa second tier?

    kind regards Lewis

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

      As long as the visa is still valid, she will not have an issue entering the UK.

  • curious

    hello , a family friend has been outside the UK for about 10 years, staying in America and never returned , can they come back to the UK whenever they want ?

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

      Hi, unfortunately the ILR expires after 2 years outside of the UK. They would have to apply for a visa.

  • milan

    Hi i came to this country in sep 2006 on student visa. I did mba in 2011 but didnt get result within uk. So l went backhome before the visa expired. I got my result and applied psw and came back to uk within 4 months period. So will i be eligible for ILR based on 10 years route or my continuous period is broken? Looking forward to hear from you. If i can i will see you for further details. Thank you.

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

      To qualify you must have had a continuous residence (no break in visas) in the UK for 10 years, and have spent no periods in excess of 6 months (at one time) away from the UK and you must not have spent more than 18 months in total away during the 10 years.

  • Barbara Taylor

    I am married for 45years to a biting citizen. But I live in SA . I have 3 children all British citizens living in uk . I’m tired of having to get an expensive visa each year I visit.
    I am entitled to Irish citizenship through my Irish grandmother but while I have all the Irish certificates am battling since 2012 to get even 1 certificate I need from home affairs even my own birth certificate . They keep saying can’t find and not come and fill out more forms even to reapply( and pay).
    I need help from someone. Please.

  • John

    Hello,
    My ancestry visa expires on 30 April, 2016 what is the earliest and the latest date before expiry can apply for Indefinite Leave to Remain.

    • John

      Hi, thank you for your advice in advance.

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

      You may apply for ILR 28 days before your visa expires.

  • Deepti

    Hi John,
    Thanks for the great article.
    My husband recently received his British passport. I came to the UK in June 2009 as a dependant of my husband who had come to the UK at the same time on Tier 2 General visa. We both came from India on our Indian passports. I stayed on his dependent visa for 2.5 years after which I got an independent Tier 2 General sponsorship from an employer in UK and since then I am on that same independent Tier 2 general visa. I will be completing 5 years on my Tier 2 general visa at the end of this year. However, now that my husband has got his British Passport I was wondering if am I eligible for UK settlement now itself given that we have been married and living together since we first came in June 2009. Or is it the case that because I changed my visa category mid-way my clock for settlement was reset and I can now apply for settlement only after completing 5 years on my Tier 2 General. We also have a child who is a British citizen.
    I look forward to your advice.
    Many thanks

    • Deepti

      Also John, when I go to https://www.gov.uk/settle-in-the-uk and proceed with the assessment, it seems to me that I am eligible. Nowhere they ask if I was on a combination of different visas.
      Many thanks in advance for your help!

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

        You may apply for ILR once you can show that you have been on the same visa for 5 years.

        • Deepti

          Thanks a lot for your reply, really appreciate it. So the fact that my husband has got his British passport and that I have been married to him and living with him would be disregarded in the light of the fact that my 5 year clock restarted once I switched to Tier 2 General?

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

            This is will not have an effect on your ILR application

  • Ali Choudhury

    Hello, my wife came to the UK on a tier 2 visa which commenced on 18 September 2012. She entered the country on 8 October 2012 (within 90 days). Before we got married she extended for a further two years so her current tier 2 visa expires on 17 September 2012. Would she be ok to apply for ILR 28 days before she is eligible i.e. 16 August 2017? All other criteria would have been met.

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

      Based on the fact that she entered within 28 days this will be seen as continuous, therefore she may be eligible for Indefinite leave to remain 28 days prior to her visa expiring.

  • SA Kamil

    hi.
    we applied for ILR on 2nd November 2015. Me my two brothers and my mom. we gave biometric test on 1st Dec. After that 18th of Dec I lost my bank card and someone found it and tried to fraud the bank. I realized i lost my card and inform bank on 21st Dec but before that bank put my account under review. after 4 weeks they send a letter and said they closed my account under section 11 barclays bank agreement.
    Now my question is .. Is it gonna affect my and my mom and brother’s ILR application.
    Thanks

  • SA Kamil

    hi.

    we applied for ILR on 2nd November 2015. Me my two brothers and my mom. we gave biometric test on 1st Dec. After that 18th of Dec I lost my bank card and someone found it and tried to fraud the bank. I realized i lost my card and inform bank on 21st Dec but before that bank put my account under review. after 4 weeks they send a letter and said they closed my account under section 11 barclays bank agreement.

    Now my question is .. Is it gonna affect my and my mom and brother’s ILR application.

    Thanks

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

      Unfortunately we would not be able to advise on this matter, I would suggest getting in touch with the UKVI directly. Their contact number: 0300 123 2241.

      • SA Kamil

        If I don’t tell them about this then will they get to know about this or won’t they know it??

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

          We don’t believe discussing this with the UKVI will be a problem at all.

      • SA Kamil

        I’m feeling like it might be risky to tell them..

  • kr899

    Hello, I have been on a Tier 2 visa since January 2014. I was made redundant in November 2014. My visa was curtailed to 60 days on February 2015 (So I had to leave the UK in April 2015 unless I made a new application).

    I successfully made another Tier 2 visa application with my new and current sponsor in March 2015. My question is, will the period of unemployment make me ineligible to apply for ILR in January 2019 (5 years since I first got my Tier 2?). I did not leave the UK in the period of unemployment.

    Thanks for your help!

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

      Your 5 year qualifying period will start from the you re entered the UK in March 2015.

      • kr899

        Thanks for your reply. I did not leave the UK between the two jobs as I managed to get a new tier 2. It took the UKVI 3 months to curtail it to 60 days so I managed to reapply within the UK even after 4 months of unemployment.

        Will my qualifying period start in jan 2014 in such a case?

        Thanks!

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

          Your 5 year qualifying period will start from the you re entered the UK in March 2015.

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

          Your qualifying period should start in Jan.

  • TheChociceman

    Hie,i was granted indefinite leave to remain in 2013 on 14 year rule,which i understand was abolished.I want to know if i am eligible to apply for British Citizenship,please help

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

      Once you have held indefinite leave to remain for a minimum of 12 months, you may be eligible for indefinite leave to remain.

      In order to assess in full detail, please provide your contact details, and one of our consultants will be in touch with you.

  • Des77

    hi please can someone help me with this question. my son entered the uk on a dependant visa however his visa expired in October 2015 can I still apply for a new one?

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

      How old is your son please?

      • Des77

        his 9 years old

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

          Because your son is still of a dependent age, you would have the ability to extend the Dependent Visa.

  • Kenneth

    I have tier2 general visa want to know can i take unpaid holiday for 3 months

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

      This is something I would advise discussing with your company, and the person responsible for having organised your certificate of sponsorship.

      However we would advise against it.

  • Lauren

    Hi,
    In a month I can apply for my ILR, via the UK Ancestry route.
    In my first two years I travelled quite a lot, but did not exceed the 180 days in a 12 month period (max was approximately 160 days luckily).
    I was not in continuous employment as I worked as a waitress for approximately 5 months in the UK, travelled around Europe for about 3 months, worked in the UK for about 5 months and then travelled South America for about 3.5 months.
    In the last three years I have been properly employed (as an Engineer), only taking the 25 days of leave per year.
    On the Ancestry visa route, will it be a problem if I was not in continuous employment? Do I need to contact all of my old employers to obtain proof of employment letters or will the last 2 or 3 employers be sufficient (covering the last 3.5 years)?

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

      The fact that you have not had continuous employment over the duration of your five years will not be an issue as long as you can show some consistent employment and the fact that you have not had access to any Government benefits.

  • Jim Toole

    Hi I have been refused ILR Long residence 10 yrs due to tax discrepancy with HMRC on my initial Teir 1 G application and extension. The discrepancy is the figures dont match with HO and HMRC. I have been given right to appeal and I have sent the corrected Tax amendments to HMRC. What can I do?

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

      1st Contact are not able to assist with appeals unfortunately, you would need to get in touch with an Immigration Solicitor.

  • Bijay

    Hi Jhon!
    It is, indeed, nice information article. Thank you for this kind of article that we are able to read and understand. In my case, I am came to UK with Spouse Visa and it is just one year now. My question is; do I have to apply my visa extension after 2 and 1/2 year? or Am I eligible to apply ILR? Do my wife must provide financial requirement if I have to extend my visa again? Do I need to pass my English Language Test and Life in UK Test for my visa extension?
    Thanks

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

      Should your visa have been issued after the 9th July 2012, you will need to apply for a 2.5 year extension.

      In order to extend the English proficiency test will not be required.

  • Grace

    Hi John. I am currently on a tier 2 visa and will be applying for ILR soon. I understand that my husband needs to wait 5 years before qualifying for an ILR which is in another year but when I get my ILR, what will his visa be? Does he have to change his tier 2 visa? Thank you.

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

      Your husband will need to apply for a settlement Visa based on you holding Indefinite Leave to Remain.

  • Linda

    I have been in U.K for 12 years married 4 years but they said I don’t qualify for indefinite leave I have paid 1500 for indefinite now they want to pay another 400 government health care but I been tax and national insurance for 12 years why

  • Mary

    Hello
    Are you able to advise whether I would be eligible for ILR in the following circumstances:
    Currently on Tier 2 General for 3 years, previously on UK Ancestory Spouse Visa for 2 years.
    Thank you.

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

      Unfortunately the combination of these two Visas over a five year period would not make you eligible to apply for ILR. You’d need to have five years on the Tier 2.

  • vidhu

    hi,my hubby came to uk on may 17 2011 in tier 2(ict established staff) and later he switched into tier 2 (general) on 2013 September.my question is,he is eligible for ILR on may 2016 or not? or the count will start from tire 2(general visa).?

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

      Unfortunately residence on the Tier 2 ICT after April 2010 will not be considered towards Indefinite Leave to Remain.

      • vidhu

        Thanks for your reply…

    • punkfluff64

      FROM THE UK.GOV website (It appears that it depends on whether he had a work permit as an ICT staff member or a ‘period of leave’.

      The 5 years can include time in the UK on a Tier 2 (Intra-Company Transfer) visa if one of the following applies:

      *the continuous residence includes a period of leave granted under the Tier 2 (Intra-Company Transfer) rules in place before 6 April 2010

      *the continuous residence includes time where you had a work permit granted because you were the subject of an Intra-Company Transfer

  • Effy

    Hi John,

    I was a
    Work Permit holder from Jan 2007 to Jan 2009 (2 yrs) and became a Dependant
    visa holder from Dec 2008 to up to now (7 yrs). This is through my husband (who
    was a Dependant visa holder from Jan 2007 – Jan 2009 (2 yrs)) a Work Permit
    holder from Dec 2008 – Dec 2010 (2 yrs), then Tier 1 (General) visa holder from
    Dec 2010 up to now (5 yrs). He is now eligible to apply for ILR as the main
    applicant, but having been made redundant since 12 months ago, he is now unable
    to meet the minimum points required for a successful ILR application. Both of
    us (and our children) have now been in the UK for 9 years. Based on your
    knowledge and experience: 1) Would the UK Border consider our application for
    Long Residence i.e. based on 9-year residence only (including our 2 children
    who reside in the UK with us throughout the period)?; 2) Would my current role
    as a highly-skilled professional earning a gross salary of £120,000 per annum
    (and have always been professionally employed for the past 9 years) – give
    extra weight to the application? Grateful for your advice, thank you in advance.

    • Effy

      Hi John,
      From further research, I have just discovered that there is a high possibility that I/my husband would be able to apply a ‘definite leave to remain’ as parent(s) to children who are covered under Section 55 Borders, Citizenship & Immigration Act 2009. – this being our child who is currently 11 years old, having lived in the UK continuously for 9 years (his sister, 7, was born in the UK). Would you be able to kindly advise the specific form(s) to use for this type of application(s) for each of one of us (parents and the children)? Many thanks, Effy

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

        Unfortunately this is not an application we would be able to advise on, I would suggest getting in touch with a Solicitor. You may contact Peter Lock – http://www.peterlockandcompany.com/

        • Effy

          Thanks! I have just emailed him with my immigration concerns.

  • Chane

    Hello my five year ancestral visa expires in August I’ve done my five years continuous residency by the time August comes. Can I apply here in the uk before expiration or must I go back to sa to apply

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

      Hi Chane,

      Should you be looking to either extend or gain indefinite leave to remain within the UK, these applications need to be submitted from within the UK.

  • Jane Rodrigues

    My husband has an LRI visa but has been living back I. The us because he had been taking care of his sick father ( now deceased) can he re enter the uk on the same visa or do we need to update it

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

      How long has your husband been out of the UK for?

      As should he have spent two consecutive years out of the country, they will have revoked this status.

  • sho zaman

    hi, im married to a person who lives in uk, recently got her ilr on 1o years residency route and due to apply for her british passport in 8 month time. We have been married for 3 years now. I was in uk for 2 years since we r married, however, i live in a different country now from last 1 year and planning to get back to uk under spouse visa. My concerns is what if our marriage doesn’t last for 5 years for the period i need to stay in uk to apply for ilr, would there be any other ways i can still apply for ilr (if we get separated) or stay in uk legally. your professional advice would be highly appreciable. thnx

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

      If you were to gain the UK Spousal Visa and your marriage was not to last the 5 years before gaining ILR then this would mean the Visa would lose it’s validity. Unfortunately there would not be any further extension options.

  • Temitope

    Hello John,
    Thanks for this great piece, i found it very helpful. I am not residing presently in the UK but I have been visiting since 2008 and 2014 I had a child in the UK. I want to relocate with my family now to give my children a brighter and better future, and I want this done legally. I will appreciate your swift response and if I can get an email address that i can be discussing with you for confidentiality. Thanks

  • Gaurav Arora

    Hi ,

    I am due for my ILR in March 2016. My wife stayed with me for full 5 years but in 2012 she was not with me for 8 months in the UK due to pregnancy and after delivery she came back to the UK With my child.

    One question I have is she eligible for ILR or does she has to wait for 5 years before she can apply. Below statement is confusing to me.

    “They’ve been living in the UK with you for at least 2 years if they applied before 9 July 2012 or 5 years if they applied on or after 9 July 2012”

  • tolu

    hi,my name is tolu,i came into the country with my mum with .shes a diplomat .i was given an exempt visa i was under age as at the time so i was dependant on my dad who living and work in the UK until date ,now am 10 years in this country can i apply for an ILR? and also i gave birth to my baby here in the UK .what will i apply for my childt?

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

      You may apply for ILR and once you have this your baby may be registered as British

      • tolu

        Thank you for the reply.do I have to wait until the month am 10 years ?will be 10 years in may or can I start

  • Dimsim

    Hi john i was wondering if i can study abroad and come back to the UK and apply for my ILR before my current resident permit expires, would i be still eligible to recieve ILR as i have heard they have a 450 day requirement.

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

      Hi Dimsim,

      If you spend more than 180 days outside of the UK in any of the years leading up to your ILR applications, then you would not be able to apply for ILR at the end of the five year period.

  • Grace

    Hi john,
    I’ve lived in the Uk for 8 years. 4 of which where student visa and Post study work visa. The latter 4 yrs have been on a 3yr Tier 2 General Visa and then extended to another 3yr Tier 2 General visa of which I have used up 1 yr. How soon and how best can I apply for ILR, do I have to wait another 2 yrs to use up my current visa or can I apply as soon 1 more year, totalling 5 years on Tier 2 general. I understand that this approach still has employment requirements of salary and perhaps current sponsor input, is this also the case if I choose to wait yet another year to total 10 years in the Uk which I understand also qualifies me for ILR.
    Thanks in Advance.
    Grace

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

      Hi Grace,

      Once you have held your Tier 2 visa for five years, you will qualify for ILR. As of April 2016, you will be required to show that you earn at least £35,000 per year.

      To meet the ILR requirements based on 10 year residence, you must have lived in the UK continuously for 10 years and never have spent more than six months at one time, or 18 months in total, away from the UK during he 10 year period.

  • Ben

    Hello im married with Philippine girl and she have indefinite to stay in uk.i get first visa for 2 and half years 2012-2015 and I got second visa 2016-2018 again 2 and half years so haw many years I need to aplay for indefinite thx

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

      Hi Ben,

      You will have to live in the UK for five years on your Spousal visa before you may apply for Indefinite Leave to Remain.

      • Ben

        So when I finish this visa i can apply for indefinite but When my last visa come in the letter said after 10 years I’m so confused thanks

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

          If you complete five years on your UK Spousal visa alone, you will be able to apply for Indefinite Leave to Remain. However, if you have been on a combination of different visas, then the ten year rule will be applicable.

          This means that you will need to be in the UK for 10 years to apply.

  • Salma

    Dear John, thank you so much for the constructive information that you are giving. I am a bet confused about my situation and I would appreciate your help to clarify my confusion about my case.

    I know that I am now entitled to apply for ILR as I am married to a British Citizen (we have been married for 4 years and 9 months, been living with him in the UK for 3 1/2 years now).. I have applied for my spouse visa before June 2012 (particularly applied on January 2012). Before the end of my spouse visa I had to apply for an extension (because I entered the UK after 100 days from obtaining my visa, and therefore, my visa was due to expire before completing 2 years).

    The extension of my visa will expire on the first of April this year. Can I apply before that date? (as I now have completed the 3 years period ). I mean, can I apply now? (before the 28 days prior the first of April)

    Your reply would be highly appreciated.
    Kindest regards,

    Salma

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

      Hi Salma, unfortunately you will only be able to apply for ILR when you can show that you have been married for five years. The application may be made 28 days before your spousal visa expires.

      • Salma

        Dear John, thank you very much for the reply.

        Why should I have to show 5 years of marriage while i’m on the 2 years residence requirement? As I have mentioned, I have applied and obtained my spouse visa before July 2012!

        I would really appreciate your reply as your previous answer made me feel much more confused now.

        Kindest regards,

        Salma

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

          Hi Salma,

          Please would you send us your email address so that one of our advisers will get in touch with you.

          • Salma

            Hi John,
            Again thank you very much for your time to reply.

            My email address is:

            salma.battat@gmail.com

            I’ll be waiting the adviser to get in touch with me.

            Regards,
            Salma

  • Shari

    Hi John
    Was wondering if you could please provide clarification?
    I have been in the UK for 15 years (on ancestry) and have held ILR since 2006. In 2009 I married a UK national – this whole time I’ve stayed on ILR. I am currently in Australia on a six month work contract which is being run through my UK company. Will I be affected by the new rule change and if so, do you advise that I immediately return home to apply for a UK passport? If so, do I need to sit the Life in the UK test. Would really appreciate your help as this is stressing me out and I cannot seem to get a straight answer anywhere on this.

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

      Hi Shari,

      Your ILR would hold its validity as long as you are not outside of the UK for more than 24 consecutive months.

      The new income threshold will not have an effect on your application.

  • Daria

    Hi there;-)
    I really hope that I will find some answers here:-)))) I am completely puzzled and find hard to get my head around the ILR as a whole. I was granted ILR in 2003. I am a Polish citizen, there were no restrictions on my passports and I was clear of emigration back then. In 2004 Poland joined EU. In 2006 a married a Polish citizen:-) who naturally didn’t have to apply for ILR as we were in the EU.
    Now….my question is:
    Should UK leave EU in the months to come ( we don’t know whether it will or not but let’s suppose they will- immigration law could change I guess):
    -could my husband be given a right to work without any restrictions just like I was and am? What potentially could happen to his status ?
    I would really appreciate any answer:-(
    Thank you in advance

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

      Hi Daria,

      Unfortunately, we are not able to advise on what would happen should the UK leave the EU. As this is currently not the situation and we do not know what implications it may have should it happen, we cannot give any comment.

  • Ben

    Hello The things is im not been married with my girlfriend but I live with her more than 5 years so we are in coexistence so what can I do to get indefinit soon

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

      Hi Ben,

      Once you have lived in the UK for five years, you are eligible to apply for Indefinite Leave to Remain.

  • Sheila

    Dear Sir,

    I would like to know if my visa is still valid and if not what do I need to do?

    I have a 5 year spouse visa for UK and valid until 2017. Unfortunately, Philippines immigration makes it difficult for me to go back in UK the reason being that due to family problem I had to go back in Philippines and stay more than 2 years. My husband is EEA citizen with ILR in UK since 1986.

    Many thanks for your time to reply.

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

      Hi Sheila,

      If you current hold a valid EU Residence Card due to your husband’s European Citizenship then this would grant you the ability to re-enter the UK on this permit.

  • Rachael Price

    hello, this is probably an easy answer but the more we look at it, the less we understand it ! We know you cant apply too late or too early ! My partner has an ancestry visa.
    The visa expires 12.02.2016.
    He arrived in the UK on 12.03.2011, so it expires 12.03.2016
    Do we go by the date of the visa or the date of his entry to the UK as there is no refund, you have to get it right etc

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

      Hi Rachel,

      Your partner will need to apply by the date which is listed on his visa.

  • Kate

    Hi John
    I have been living in the UK as a Tier 2 Dependent for 2.5 years, and have recently changed to a Tier 4 Student visa, which I’ll be on for 3 years. My partner is on a Tier 2 visa and will probably switch to become my dependent at the end of the contract later this year. Where does this leave us in terms of ILR if we wanted to stay in the UK when my Tier 4 visa expires in just under 3 years? Would one of us need to get a Tier 2 sponsorship or would we be eligible for ILR?
    Thanks in advance for your advice!

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

      Hi Kate,

      As part of your five years of residence was spent on a Tier 4, you will not qualify for ILR. Unfortunately, the Tier 4 visa does not allow its holders to qualify for ILR through residence.

  • Kim

    With ILR on Ancestry Visa it states that you must work continuously for 5 years before you are eligible to apply for ILR. Is there an exemption period when you arrive? It took me just over two months to get a full time job and I am trying to work out if I will need to apply for another Ancestry Visa first. Thanks

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

      This gap in employment would not have a negative baring on your ILR application, as long as you can show that you had no access to public funds and you were seeking employment, then you would still be eligible.

  • Kylie Judd

    Hi,

    Thanks for the articles and the replies they are very helpful.

    We are currently on an ancestry visa which is due to expire feb 2017.
    Our Visas started from feb 2012, but we didn’t arrive until June 2012.
    As far as I understand as we were arrived more than 90 days after our visas started we will fall short of the 5 years required for right to remain.
    what are our options?
    Can we get a short extension to make up the 5 years?
    Should re apply for another ancestry visa?
    * Can we do this before April 2016 to avoid the NZ/AUS nhs fees or do we
    to apply closer to the expiry?
    Or can we apply for right to remain with our current circumstance?

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

      You will be required to extend your visa, the visa will be extended for a further 5 years and you can make this application at any time.

  • narender singh

    Hi
    I came in Dec 2009 on MBA student. then joined job on post study for 2 yrs from Dec 2011 to 2013. Applied for extension in Tier 1 Entrepreneur Visa but still no decision made from home office but I am still doing same job. Would I will be eligible for ILR after my 5 yrs on work or 10 yrs of long stay in UK once I get my extension visa. Please advise.

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

      Because of the Visas held, you would not be eligible for ILR using the 5 year route. If you continue to reside in the UK and extend your Visas without overstaying, then the 10 year ILR route may become an option.

  • Andyz

    Hello,

    Thanks for the useful information. I am British and my wife lives outside the EU. We are due to have a baby in late July and we are planning on settling in the UK. We would like to have our baby in the UK. I earn above the required amount. We do need to return overseas as both my wife’s parents are unwell and will not be able to visit. I can see that we would be out of the country for more than 6 months for each of the first two years. I appreciate that it is very likely that we will need to pay for NHS maternity services due to this absence. I am fully prepared for this. However, I would like to know if for the first two years we are out of the country more than in it, will there be issues further down the line in terms of ILR? We are prepared to make up the time later if needed.

    I would be grateful if you could advise me on this.

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

      Should you be outside of the UK for longer than 180 days in a 12 months period, the 5 year continuous residency period starts from day 1 upon your return.

  • Grant

    Please could you give me some guidance/advice. I am a British citizen and my wife is South African (Married 9 years). She was issued with an ILR visa whilst we were living there. However, we have been out of the country for the last 2.5 years. What visa does she need to apply for now? Will they allow her entry if we fly together? We are planning on returning to the UK permanently.

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

      Hi Grant, since she has been out of the country for over 2 years, she would need to apply for a spousal visa. She should qualify for ILR again in 5 years.

  • Cindy Kwame

    Hi john
    I have been in UK since 2004, was granted leave to remain for 30months in 2013 as a parent to a British child on 10yrs route, just extended my visa for another 30months. Is it possible to apply for ILR after?

    Thank you

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

      Should you be in the UK for 10 continuous years and have not left the UK for longer than 6 months at a time, you may look to apply for ILR

  • Jo

    Hi, I was on a tier5 Youth mobility scheme for 2years b4 i switched the tier2 general sponsorship visa (now in my 4th year). Can i combine my stay under these 2 categories to apply for my ILR using the 5yrs route

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

      It is not possible to combine visas on the 5 year route for ILR, you will need to hold the same visa for 5 years.

  • Sergii

    Hi John,

    Would really appreciate if you could have a look at my case

    I’ve got a Tier 2 General visa valid from 24/03/14 to 17/03/19 and arrived to UK on 07/04/14

    Does that mean I won’t be allowed to apply for ILR as my allowed term to stay is missing 7 days to full 5 years and my actual term will be missing 21 days to full 5 years? And the only option for me would be to try extend my visa to 6 years and apply for ILR afterwards?

    Thank you

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

      Hi Sergii,

      You will be able to apply for Indefinite Leave to Remain when your Tier 2 visa expires.

      You are allowed to spend up to 450 days outside of the UK during the five year period leading up to your application, as long as you have not spent more than 90 days outside of the country in the 12 months before you apply.

  • Saffy

    I came to the UK on a working/holiday visa. I had to leave in order to appy for a work permit. I stayed 5 years on it but wasn’t earning enough at the end of it. I moved to a unmarried visa with my girlfriend. I’m reaching the 2 and a half years on that visa. When can I apply form leave to remain in the UK?

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

      Hi Saffy,

      As you have been on different visas, you would have to spend five years in the UK on your current settlement visa before you can apply for ILR.

  • Nadeem

    Hi John, i am currently on ILR, previously i was on tier1 general. Actually one of my child is birn iutside uk and she is still on tier 1 dependant. She has already spent 5 years in UK as tier 1 dependat. Her current leave is expiring in April 2017 and i will be applying for naturalization in Jan 2017. So the question is can she go for naturalization with me as family member without going for ILR ?

    2nd question is if i apply her ILR from pbs dependant do i have to show a minimum income of £18600 ?

    Regards
    Nadeem

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

      Hi Nadeem,

      Your child would need to qualify for ILR in order to remain in the UK prior to being able to apply for citizenship. However, the minimum income threshold will not apply in this case.

  • Nadeem

    Hi John, i am currently on ILR, previously i was on tier1 general. Actually one of my child is birn iutside uk and she is still on tier 1 dependant. She has already spent 5 years in UK as tier 1 dependat. Her current leave is expiring in April 2017 and i will be applying for naturalization in Jan 2017. So the question is can she go for naturalization with me as family member without going for ILR ?

    2nd question is if i apply her ILR from pbs dependant do i have to show a minimum income of £18600 ?

    Regards
    Nadeem

  • Digi_B

    Hi,

    Me and my husband both got our TIER2 general visas in 2013

    In 2014 my husband moved to TIER 2 dependent as he switched jobs. My question is now will both us be eligible for ILR in 2018? Or his switching may have caused his clock to reset?

    Thanks,
    Bunny

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

      Hi Digi

      As your husband became a dependant on your visa after, his residence and five year requirement would have reset. He will have to wait for the full five year period to pass before he can apply for ILR.

  • Saffy

    What happens if you are no longer with your sponsor partner before the 5 years is up?

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

      Hi Saffy,

      If you are no longer with your sponsor and have not yet gained ILR, your Hi current visa would become in valid.

  • Sa Rose Giri Luckiz

    Yeh hi , i am here in dependent work permit visa . My wife had domestic work permit visa and she is here from more than 5 years and she is going to apply for ILR visa so in this case can we together apply for it . We have a relationship from like 5 years back we have our all document which can prove that we are in relation from long time but our marriage certificate which we had now is just about 9 month only . Can u please tell me coz end of april visa is going to expire .

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

      As long as your dependent Visa was issued before the 9th of July 2012 and you have been residing consistently in the UK since this point then you would certainly be eligible to apply for ILR along with your partner.

  • sarah

    I have been living in the UK on a tier 2 since March 2012 I have had a tier two extension in 2015. When can I apply for ILR? Cheers.

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

      Once you have resided in the UK for a full 5 years on the Tier 2 visa, you may be able to apply for ILR.

  • Ana Ferreria

    Hello, I am Eu citizen, I applied for permanence residence in UK back on 2005, my pr is expired. I have lived in UK since 1996, I have done the test life in UK and b1 test, can I apply for British passport? or I need to reapply for permanence residence card?

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

      You will need to apply for indefinite leave to remain, hold this status for 12 months and then you may be eligible to naturalise.

  • sunny

    Hi dear
    could you please tell me after 5years of spouse visa if my wife doesn’t want me to get ILR then what are the rights do I have? and how can I get ILR?
    DO I still need her documents E.g passport etc.??
    Please let me know know..thanks

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

      You will need to then move to a new visa should you not be able to apply for ILR

  • sunny

    Dear John
    please reply to my question
    many thanks

  • Mary Joy

    Hello. i just want to know about the accepted length of stay outside the UK if the reason you left is because your tier 4 visa has expired so need to apply from back home. If let’s say you’ve been already in the UK for 5or 8 years is there any chance that the remaining years of your stay be credited if you are planning to apply for “Indefinite Leave to Remain” (10 year route)? Thank you very much

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

      When applying for 10 year Indefinite Leave to Remain you must ensure that you have not spent more then 450 days outside of the UK in this time and have not spent anytime unlawfully in the UK.

  • Nida Pagganwalla

    Hello
    I have llr till sept this year. When do I need to apply for ilr? And how long does it take to arrive? Thanks

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

      Please could you advise what type of visa you hold?

      • np

        hello. i have limited leave to remain till september this year. assylum.

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

          Unfortunately since your Leave To Remain would have been granted for exceptional reasoning, we would not be able to assist with the ILR application, you would need to contact a private solicitor.

  • Hck

    Hi. Just a question about when one can apply for ILR if your time in the UK has been on different visas. I first came to the UK on a tier 1 visa in Jan 2011. I got married to an eu citizen in late 2012 and got my EU family residence card in March 2013. I have been in the UK for just over 5 years now. Can I apply for ILR now or do I have to wait until March 2018?

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

      In order to apply for ILR you will need to have completed your 5 years of Residence on your EU Residence Card alone as your previous residence on your Tier 1 Visa would not contribute to this.

      • Hck

        Thanks for the speedy reply! :-)

  • Daria

    Hello John;-)
    You have kindly replied to my rather complicated question:-)
    I ‘ve been searching for some answers re my position in Uk.
    1. I was given ILR in 2003 April – a year before Poland joined EU. At that time I was married to an English man. ( we got married in 2001) , we then ( amicably divorced in 2005.
    2.I did not register with the Home Office in order to obtain Workers Registration Cert. – as I was told- i didn’t have to
    3.in 2006 I remarried
    4. I’d like to apply for British Passport on the basis of my ILR granted in 2003. CAN I DO THAT?
    5. If I apply on those basis- will i have to prove 5 or 6 years of residence? ( i believe it’s 5 – just double checking:-)
    6. During those years I gave birth to my daughter and stayed at home looking after her. This again will not be quite straightforward in terms of proving 10 years of employment? The rest of my working years are fully covered. I have been working for the past 5 yrs now- sooo the remaining 5 will pose as a massive question for them I guess? Or perhaps maternity leave would be good enough for a cover letter/ explanation?
    I do have many questions… And Hope to get some answers :-)))
    Thank you for replying and taking time to read my messages;-)
    Regards
    Daria

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

      You will be required to apply for indefinite leave to remain, based on your last 5 years economic activity within the UK.

      You will then need to hold this status for a full 12 months, before being eligible to apply to Naturalise and gain British citizenship.

      • Daria

        But I have an Indefinite Leave to Remain already? I know that I had to be married for 3 years to keep my right to uphold it.
        could you please clarify it for me?

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

          Hi Daria, please provide an email address and one of our consultants will be in touch.

          • Daria

            hi are your services free of charge?:-)
            thank you Daria

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

            We can offer limited advice free of charge, but you would have to pay a fee for our assistance with the actual application. Our visas advisers will inform you of all costing before you are charged anything, and we offer a guarantee that if we’ve processed your application and it is unsuccessful it is free of charge.

          • Daria

            Hi :-) I understand. Can I provide you with my email undress using some other method? I don’t want to leave my email address here as this is an open discussion that anyone can access:-( Especially using the well known search engines. I hope you agree with me on this one.

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

            Of course, you’re welcome to send us your email address as a PM on Facebook https://www.facebook.com/1stContact/. Would this work for you?

          • Daria

            Hi there ,
            I am in contact with you on FB page. Could anybody please reply to my message?:-))))
            Thanaaank you so much:-)
            Daria

  • Zoe

    Hi there

    My husband will be applying for a UK Ancestry visa in mid-June from Australua (Brisbane) with myself as dependent wife and our two sons aged 14 and 17. We plan to arrive in the UK in mid Sep 2016. Our older son turns 18 in Jan 2017. In order for us all to be eligible to apply for ILR and then British citizenship after 6 years do we have to do anything for our older sons given they will be 20 and 23yrs old? Eg do they have to keep living with us to proved dependency? Will they actually be eligible or am I assuming too much? Can we engage your services for the application process in June – we live in the Gold Coast. We’re considering relocating Initially to Glasgow, Scotland.

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

      Based on your applications being submitted in Australia, our Melbourne offices will be more than happy to assist with your applications.

      However your elder children will need to remain fully emotionally and financially dependent on you, in order to possible qualify for indefinite leave to remain at the end of the 5 years.

      • Zoe

        Re: fully emotionally and financially dependent – considering that in 6 years time they will be 20 and 23 – would residing with us and not in a defacto relationship if they have romantic partners be sufficient? Or would them having full-time employment but living with us because they can’t afford not to be sufficient?

        Appreciate you advice for our longer term planning. We will send a separate snquiry regarding your visa assistance service.

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

          They would not be able to reside outside of the main visa holders accommodation.

          They would not be able to seek employment what so ever.

  • TM

    Hi John,

    Thank you for your helpful article.

    I am a Canadian who has been working in the UK for 3 years on a Tier-2 visa, however for the past 12 months I have been placed on rotation to my company’s offices in Canada, after which I will return to the UK. During my 12-month rotation I have continued to be paid in pounds, pay UK taxes and maintain a flat in London. I am still a couple of years away from the 5 needed for ILR but I am wondering whether my years of residency will be reset because I have just spent almost 365 days out of the country (slightly less as I have continued to frequently return to the UK to see family and friends) or whether I could still be eligible for ILR once I hit the 5-year mark.

    Thank you in advance!

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

      You will need to start your continuous residency again once you arrive back in the UK.

  • LK

    Hello, and thank you for the article. I have a questions as I have been in the UK for 5 years working (will be in April) but work has sent me on a secondment for 6 months last year which I believe doesn’t allow me to apply for ILR. I have also travelled on holidays often during these 5 years but never longer than a month a year probably. When can I apply next? or do these 6 months spent working overseas reset the count to 0? I haven’t lost my UK tax residency during that time as I kept renting in the UK. I have an EU passport.
    Thank you very much for any suggestion you can give me.
    Kind regards,

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

      Unfortunately should you have spent more than 180 days out of the country in any 12 month period, you will not be able to apply for Indefinite leave to remain.

      The 6 month secondment will unfortunately cause a problem in your eligibility.

  • Luke Maurel

    HI John,

    Just a quick question:
    We are able to get a UK Ancestry visa through my wife, which will enable myself and the kids to get the same visa as “dependents”. However, I am the bread winner in the family and am not too sure if my wife will take up employment for the full 5 years of the visa. Will this affect our ILR application or will we be given ILR status if i prove that i was employed for the duration, even though i wasn’t the main applicant?

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

      At the end of your five years on the Ancestry Visa it is important that the main Visa holder, being your wife in this case, shows that they have worked and if not have shown an intention to seek employment in periods of non employment. You will also need to show that no government benefits were accessed.

      • Luke Maurel

        ok great, thanks

      • Luke Maurel

        is there a minimum amount that she would have to earn?

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

          There is no set minimum income threshold when applying for Indefinite Leave to Remain on an Ancestry Visa.

      • Luke Maurel

        Sorry, one last question : my father in law is a British citizen, although he has never lived in the UK. If he had to pass away, would his wife (my mother in law) be allowed to come live with us in the UK as she was married to him but is not a British citizen herself?

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

          Unfortunately this would not be possible and in order to do so she would be required to settle in the UK with her husband.

  • Naiomi Fenwick

    Hi john,

    My friend is currently being denied a British passport. Reason being that she has found out from applying for a passport she is not a British citizen. This is because her mother is American but was adopted by English parents when she was 2, seemingly as she didn’t have LTR forms completed when she was adopted. Obviously not her fault! Her mother now has LTR. When my friend was born her mother & father were not married, which means she can’t claim nationality from her father. Although a .gov webpage states “re born before July 2006, your father’s British nationality will normally only pass to you if he was married to your mother at the time of your birth.” does this mean they can use his nationality? My friend was born in the uk & has never left. She has a British birth certificate, works pays tax & NI! We have a holiday booked & need to be pointed in the right direction. She has been told she would need to apply for Citizenship & pay £913, bit ridiculous!

    Thanks

    Naiomi

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

      Based on this information, we would advise your friend to complete a free British Passport Review on our partner firm Philip Gamble’s website.

      One of the consultants within our Nationality team will then be in touch to discuss further.

      https://www.philipgamble.co.uk/

  • Suman Nag

    Hi John,
    We came as a family to the UK on 12/January/2012 on my wife’s Tier 2 visa. She changed her Tier 2 visa from within the UK 03 times and currently working on a Tier 2 visa for an organisation who conducted a RLMT to hire her.
    This organisation have changed their name (a little addition to the term “services” to their previous name but the company number has changed) as their business grew during the last few years.
    I have told them that they need to inform this to the UKVI as otherwise this may affect my ILR application in January 2017. But they haven’t done that yet and are looking very reluctant to do this, although it’s a very straightforward process. Can you please suggest if they don’t do this, will it really affect my ILR application if I apply under the current company name?
    Many thanks in advance
    Suman

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

      Hi Suman, do you have a contact number or email address where one of our visas advisers could get in touch with you to discuss your options?

  • Tofazzel Hossain

    Hello John,

    I have been in uk for 8 years with tier 4 visa. Can I apply for ILR?

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

      Unfortunately on the basis that your residence has been on the Tier 4 Student Via this would not qualify you for ILR at this stage. You can look at the ten year route.

  • Mike

    Hi John,

    I have been in the country for over ten years now! I came on a working holiday visa, then student visa, then PSW and now I’m in partnership with my European Parner and I have an EEA2 visa which expires in 2018! What I want to know can I apply for ILR using the 10 years I’ve been in the country or do I have to wait to apply for the EEA4.

    Thanks

    Mike.

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

      You will become eligible for indefinite leave to remain 28 days prior to your EA Residence card expiring.

  • Bali

    I came to UK at early 2014 on student visa, I got eu spouse visa in 2015 but I got divorced in 2018. I couldnt prove in court that my ex-wife was exercising treaty rights in uk at time of divorce. But I got married again and I got 3 years visa through artical 8 (human rights) for three years and now it was extend for another 3 years last year. I have been living uk for over 12 years. I work full time and I have got british born wife and a child from our wife. am I qualified for ILR now? will home office include my period of residency as eeu spouse?

    I am due to apply for ILR in 2018 anyway but I will love to have ILR, as I want to switch my job.

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

      As your case is complex, we would suggest getting in touch with our immigration solicitor partners, Peter Lock and Company – http://www.peterlockandcompany.com/

  • Sep

    Hi John,

    I am living in the UK since 2009, on different visas (student visa, post study work, student visa, and now I am on tier 5 youth mobility scheme). I have two questions:
    1.Do I need to be under “one type” of visa for 5 years in order to be eligible for indefinite remain to stay in the UK? Or my case is possible?
    2.I have been living here for the past 6.5 years and now I’m under tier 5 youth mobility scheme – I know it is not possible to switch into Tier 2 (work sponsorship) because of Resdiential labour market test. However, I was wondering this could be different for me since I have been living already in the Uk for the past 6.5 years. I am eligible then to switch to tier 2… I mean can an employer hire based n this?

    Thank you in advance,

    Sep

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

      You will need to hold the same visa for 5 years in order to apply for ILR.

      The resident labour market test is required for the Tier 2, should you already be on a Tier 2 visa and you are extending your visa, this is when the test is not needed.

      • Sep

        Dear John,

        Many thanks for your informative response.

        Cheers, S

  • Salome Yeboah

    Hi John,

    I would quite want to understand something..

    I have been living in UK for almost 3 years with a residence card of a member of an EEA national, 2 more years and I can apply for ILR.. But my problem is the Brexit.. If UK opt out of EU will I still have a chance to get ILR?
    Because is said that if UK opt out it will take 2 years for Brexit to become an actual law..
    I just want to know will Brexit affect me? Will I be force to go away after all this time?

    Thank you very much in advance

    Sally

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

      Because you are already a legal resident in the UK and have been so for some time, if this was to be passed it would not have a direct impact on your ILR application.

      • Salome Yeboah

        Thank you very much

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

      Hi Salome, we are not yet aware of what the potential changes may be and would probably only have a better gauge on these changes around March/April next year.

      • Salome Yeboah

        Thank you John for replying so quickly
        I will try and ask again in April 2017

        Sally

  • Darline S

    Hi John,
    I need your kind advice please. I am a German national and my husband, a non eu national applied and got his Residency card as a member of an eea national. We have been married since 2008. After the five years where over, he took the life in the uk test and applied for the one year residency card ( before applying for a british passport ). We both have been working for more than 10 years, my annual income currently is 43500 and his is 37500. Due to a silly mistake on my part, I have supplied three months worth of my payslip instead of 5 years worth of proof that I have worked. However the application form had a detailed history of my work since 2004 plus my national insurance number, where they could have easily checked that I have been excercising my right in the UK. Because of this silly mistake we got a letter to the application saying that his application has been cancelled and he should make arrangements to return to his country. We have then appealed and a year later our hearing is at the tribunal this month. I am bringing with me all my work documentation for 5 years and beyond. But is that even legal to send my husband back because of a silly mistake on my side. We have bought a house and have a child together who was born her. Shouldn’t this be considered by the immigration before telling him to he has to return? this was rather unbelievable. What are our chances that the tribunal will decide in our favour? should we take any extra documents with us?
    your advice is much appreciated.
    Thanks
    Darlin

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

      Hi Darlin,

      Your husband won’t be deported before the appeal process has run its course. Based on the fact that your husband has residence in the UK based on your European Citizenship he should have the ability to remain in the UK and either extend his current Residence Card or reapply for his Permanent Residence.

      If you would like assistance with the appeal, we can recommend speaking to a solicitor like http://www.peterlockandcompany.com/.

  • Lijo George

    My previous visa expired in 14th Jan 2014. But I applied my current visa on 28th jan 2014 . SO I stayed over 14 days with out visa, this is due to my company was waiting for the sponsorship license. Is that affect my PR

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

      Please could you advise what type of visa you were on previously and what visa you have now?

      • Lijo George

        Previously I got Tier 2 and currently I am having the same

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

          Once you have met your 5 year continuous residency requirement, you can get in touch with us so that we can do a full assessment on your eligibility at that stage

  • yu

    I’m in a rather difficult situation and would really appreciate your view on what my options may be, My chinese wife came to the UK 2 years ago, she came as I was on DLA AND INCAPACITY BENEFIT, but now they have introduced PIP, in order to get dla claims down, although they say this is not the case already more than 600,000 have been taken off DLA, and refused PIP, so I know for sure I will also be taken off this and refused PIP, as some of my problems are now excluded , My poor wife has been working her little heart out since arrival, but is no where near the £18600,00 needed when reapplying for her further 2.5 years,

    we have been doing up our home with very limited money to start a B&B business, but even if it was up and running in 6 months , it seems any income from this can not be counted, as it would be a new business, so not the normal type of question I have read in many places, but I’m sure in the not to distant future one that will be coming up again and again, and advice appreciated

  • Ruth Abraham-Silas

    Hello John,

    I have been in the UK for over 20 years and I have an indefinite leave to remain in the 1992 & I’m married to a British citizen & all my children were born here. I have had no issues with employment or benefits until few days ago when I was made aware by a work agency that I was to register with that I have to have a Biometric Resident Permit for work because my ILR is not in my new passport. No employer has pulled me up on it since 2014 that the law apparently came into place. I have now decided to file for my citizenship. I have some questions please:

    1. Will it be illegal for me to continue working, get benefit or do business now
    2. Will this affect my Naturalisation application because I’ve been working since the law came into place in 2014 without the Biometric Resident Permit?
    3. Can I be asked to pay back all the benefit and salary earned through working since 2014?
    4. I know that part of the criteria is a degree qualification. My highest qualification is HNC BTEC & I also have a Diploma, will this be acceptable?

    Many thanks

    Ruth

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

      Even though your ILR is currently held in an expired Passport, it would still retain it’s validity and having this issued as a Biometric Card is usually only necessary for certain employers but this will not effect your residence status, work rights or benefits.

      It will not have a negative effect on your Naturalisation application.

      You will not be required to pay back any benefits or salary received while holding your ILR.

      You would be required to check your qualification on the UK NARIC website and if listed then this would mean you are exempt from the English Language requirement.

      • Ruth Abraham-Silas

        Thank you for your response, very helpful.

        There’s one last question that I forgot to include in my last enquiry.

        Is it better to file for my citizenship directly with the Home office or go through an agent? If the latter, can your company recommend some reliable ones please?

        Many thanks

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

          We do provide this as a service. If you could kindly provide an email address, one of our visas advisers can send you the details.

  • Ble4life

    Hi John,

    Thanks for the insightful article.

    Please I need your view on my situation:

    I reside in the UK. I got my Tier 1 General Visa in June 2011. Am due to qualify for ILR by May 2016. I just did my backward counting today and realized that I have broken the 180 days rule by being outside the UK for 240 days in the first year of my visa (June 2011 – June 2012). Given that the Tier 1 General Extension is now closed; what alternative routes can I use to make up the required period for my visa (i need about six months).

    Your response will be highly appreciated.

    Thanks

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

      You will need to find a company in the UK who is licensed to sponsor you and then follow the Tier 2 visa route.

      • Ble4life

        Thanks very much for your response. I will look into that option

  • Afolakemi Balogun

    Hi, I my case is quite complicated. My mum applied for me to join her in the uk in the year 2000 and I was issued an ILR. However, our relationship got sour and she physically abused me and social services got involved and I had to stay in foster care for about 7 months, my relationship with my mum had seemingly improved and I went back home. Less than 2 weeks after I returned to her home she tricked me back to Ghana. Now 15 years later I want to know if I am still entitled to the ILR she got for me given my precarious circumstance. She was a British citizen when she took me to the uk. Thank you.

  • Afolakemi Balogun

    Hi, I my case is quite complicated. My mum applied for me to join her in the uk in the year 2000 and I was issued an ILR. However, our relationship got sour and she physically abused me and social services got involved and I had to stay in foster care for about 7 months, my relationship with my mum had seemingly improved and I went back home. Less than 2 weeks after I returned to her home she tricked me back to Ghana. Now 15 years later I want to know if I am still entitled to the ILR she got for me given my precarious circumstance. She was a British citizen when she took me to the uk. Thank you.

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

      Unfortunately ILR expires after 2 years out of the country. We’d recommend that you speak to a solicitor to see if anything can be done considering your circumstances, such as http://www.peterlockandcompany.com/

  • https://www.youtube.com/user/MrSamKYT Sam K

    hi john
    quick question this process how long does it usually take if u meet all the requirement

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

      It typically takes about 4 months, but you can pay for a premium service that will offer it on the same day or 2-3 days at most. We can process either of these options for you.

  • Onyi

    Hi, I recognise this is an older post but I’ve got a question. I’m on a tier 4 visa (doctoral extension scheme) and engaged to a British man. I’m also due to apply for an ILR in Sept but want to get married in Aug. What is the ideal and cheaper visa to apply for?

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

      Hi Onyi,

      You should apply for the ILR as if you change visas at this stage you will have to be on that visa for a further five years before you are eligible to apply for ILR and that would double up your costs.

      • Onyi

        Thank you. I’ve been in the UK under different student visas (general student and tier 4) and wanted to be sure that still works for staying for 10 years? Also I did a study abroad year as part of one of my degrees and wanted to ask if this would count against me. I was still paying fees to the UK university. Would it be possible still to apply for ILR?

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

          Hi Onyi,

          In order to determine the best route for you, you would need to come in to see us for a full consultation. Please could you forward your email address.

  • Ash alam

    Hi there,
    I m ash, I am planning to switch my visa to spouse/ civil partnership visa with an Italian girlfriend. So far I know she doesn’t have to sponsor me as she is not British citizen, but do you think she still has to show finance for me?
    Please inform me to al354@greenwich.ac.uk

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

      You should apply for ILR, should you apply for a Spousal visa you will then need to apply for ILR at a later stage and you will be doubling up on costs.

      • Ash alam

        Hi there,

        I am holding now student visa which is going to expire in 2018. But I would love to switch my visa to spouse visa. My main concern is about sponsorship. She is EU citizen and does she have to show finance for me.
        Thanks

        Ash

        Sent from Outlook Mobile

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

          Hi Ash alam,

          Sponsorship is only an issue for spouses of British nationals. There is no minimum income requirement for spouses of EEA citizens. You can find out more information here: http://enter.1stcontact.com/eea-family-permit-experts/

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

      Finance wont be required as such, however you will be required to show a minimum of 24 months worth of cohabitation.

      • Ash alam

        Thanks for letting me know. But can I apply for spouse/civil partnership visa once I am registered or I have to wait 24 months. And how can I proof that we have been together if we staying different place.
        Please reply me

        Regards

        Ashik

        Sent from Outlook Mobile

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

          As you don’t reside together, you will need to marry then apply, as then you don’t need to show 24 months worth of cohabitation.

          You will just need to show evidence of your relationship prior to marriage.

  • John F

    Hi John,

    I have been living in the UK with an American passport with ILR since 1983 when I was 2 years old. My mother is English and I have lived and worked in the uk all my life and have a family in the UK and married to a British wife for 6 years. I have not left for long periods of time, only holidays. My ILR is in an expired passport but I have been with my company since 2007 and never had any issues.I then learnt this week about the laws in 2014. I am now worried I do not have the right to work although from reading earlier posts this may not be the case. My company last checked my passport in 2013 with both expired and new and I have never had any issues. They are likely to need another check soon and I am worried that this may flag up that I don’t have a right to work. With a family to provide for I am worried I won’t be able to work and support them. Do I need to apply for the biometric card to ensure I have the right to carry on my employment or does my ILR still stand?

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

      You will be required to apply for a Biometrics Residents Permit (BRP), your ILR will still be valid however some companies require employees to have a valid BRP

      • John F

        Thank you for this. I have the forms completed and set to go but I wanted to ensure my right to work was not affected. My company have not requested this but I want to be ensure I have started this process now I know about it.

  • sonia

    Hi John
    My question is regarding new ILR rules for tier 2 visa holders. I got my visa in june 2014. My annual income is 23000 pa. My question is do I need to earn 35000 at time of ilr application (I.e. june 2019) in my case or it should be when I got this visa n earn this salary throughout five years?

    Secondly I came to uk in feb 2011with my husband and son on student visa n then got post study work visa. My son going to complete 7 years continues residency in uk in 2018. He was 4 years old when we moved to uk.
    Can I apply for child concession visa based on his 7-yr continous stay. ?
    Thanks

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

      Hi Sonia,

      In 2019 the threshold will be slightly higher than £35 000 in order to apply for ILR and you will need to be earning the required threshold at the time of your application. Your son will need to follow the 10 year route

      • sonia

        Hi John
        Thanks for your reply.
        Regards

  • Joe Lawerence

    Hi John, thanks for this wondeful service you have been providing. My case is that I have been in Tier 2 General visa from May 2011 and will be completing 5 years this May. But i had a gap in employment of 5 months although I was in the UK at that time on valid Tier 2 general visa. I did not get my leave curtailed by UKBA so got a new sponsor for continuing my Tier 2 General visa stay.

    I know that for ILR there is a rule that gaps between employment should not exceed 60 days so I am very converened if this means I will not be eligible for ILR. I was legally in the UK on Tier 2 General visa during those months though. Please advise. Thanks.

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

      As long as your switch between Tier 2 employers did not run more then 60 days within the UK then this would not be an issue, if your exceeded 60 days then this would mean an extension would be applicable.

      • Joe Lawerence

        Hi 1st Contact. Thanks for your reply. The gap between employment for me exceeded 60 days (i.e) 5 months. Does it mean I need to extend my visa? But I can’t extend my visa beyond 6 years which makes me unable to complete 5 years after the change in employment. Can you advise what can be done in such a scenario? Thanks.

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

          Hi Joe,

          From what we understand you can extend your visa but only for a short amount of time?

          Unfortunately, if the gap exceeded 60 days then only an extension would be applicable and if your extension does not take you up to the 5 years required residence to apply for ILR, then you would be required to look at different Visa options.

  • Omer Mohammed

    Dear team
    I have a quick question and hoping you could answer it for me.
    I was granted tier2 visa on 08/05/2012, my current visa expires on 17/02/2017. Can I apply for ILR before my visa expires or do I need an extension for further 3 months before considering application.
    Thanks

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

      Hi Omer, I believe you have been in touch with our adviser, Sheldon, about this issue already?

  • Abdullah Almuttiri

    Hi John,

    I would need help on applying for ILR.
    I entered UK in Dec 2008 and been living here since then, with some occasional holidays.
    I entered the UK in Dec 2008 and been living here since then with occasional holidays some for more than 3 months some years no holidays outside the UK. I am also staying legally untill 2020. All this period is/will be on Tier4 student visa.

    Would there be any chance to apply for ILR or directly to UK passport, either now or later?

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

      You may look at applying for ILR at the end of 2018.

  • Nicholas Hayes

    Hello,

    I hold an Indefinite Leave to Remain in the UK since 2004 but entered the USA as a permanent resident in 2013 because I have to look after my mother who is now retired. I am unhappy here in the USA and am planning to come back to the UK to settle in London again permanently. Am I still allowed to come back though two years have now passed?

    Nick

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

      Hi Nicholas, you would have to apply for a visa again as your ILR will now have lapsed.

  • James

    hi John, I would like to ask a question have been in the UK since 2009, initially on a working holiday visa, then in January of 2011 i entered in a civil partnership. my residence card is due to expire in April. I am still in a civil partnership ,employed for the last five years . my partner is French and is exercising treaty rights. we are not separated but have not been living together for the past couple of year but has still remained in contact and see each other.I believe i qualify for permanent residence .could you enlighten me on this situation .thanks

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

      Hi James,

      Due to your 5 years of residence on your EU Residence Card, you may be eligible to apply for Permanent Residence. However, you would need to provide evidence of subsistence in your relationship and this would rely on having the ability to prove cohabitation.

      • James

        Hi, I do have evidence via joint account bank statement for the time we lived together 2011-2013..we did not have other documents as we lived with family . We did not live together afterwards .. The guidance notes on the eea residence permit states that we do not have to prove we live together but it would help the application ..

        What are your thoughts ?

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

          Without recent evidence of cohabitation, the application would run a high risk of refusal and of course the European Citizen would also need to provide certain evidence of subsistence in your relationship.

          • James

            Hi John, I have another question relating to my situation . My partner had been in the uk since 2005 ,he was working until 2011…and then became a student .. He would have acquired permanent residence in 2010 after 5 years of excercising treaty rights .. We entered a civil partnership in 2011.. We are both now wanting to apply for permanent residency .. My question is with regards to CSI .. As he acquired pet many residence in 2010 being employed for 5 years , and now being a student for the last 5 years .. How would the deal with this .. Does he have to show CSI for the last five years or would they take it that he acquired PR in 2010 as an employed person and not require CSI .. ?

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

            Because your partner gained Permanent Residence under full time employment, the CSI information will not be required. This would only need to be shown when applying to naturalise.

  • kadi

    Hi John,
    I’m a bit confused and I’m in need of your expertise.I was granted a spouse visa in February
    2013. The visa is a four year and expires Feb 2017. I have been living in the uk/London for almost three years now. What do I do when the visa is up? As the rule is you hv to live here for 5 years to qualify for ILR and are they any rules for spouses of armed forces personnel.

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

      Hi kadi,

      You will be required to extend your Visa in this case and once you have accrued 5 years of consistent residence you will then have the ability to apply for your ILR.

  • Lau Alcántara

    Hi Jhon I applied for the ILR 2 weeks ago (passed English exam and life in the UK test :D), I had an spouse visa for 5 years as I am married to an Italian, we were living in Cardiff but moved to Brighton on the 24th of February and sent my application on March the 4th, We moved as my husband got promoted in his job however because of this reason I am not working at the moment and I am waiting for the confirmation letter to start to apply for jobs though. My question is, the fact I have no job at the moment can affect my application or be rejected for this reason?
    Thanks a lot; read through all the comments has been so helpful but obviously every case is different.
    Laura

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

      Hi Lau,

      Because your Permanent Residence application would have been based on your European Spouse, the treaty rights (working and residence) would be based on your European Spouse and the fact that you have not been employed will not have a negative effect on the application.

  • egpsta

    I cannot find the proper information that i need. I hope I can ask for your advice.I have been in the UK on several visas, first i had two years as a student, then two years on post study, then a tier 2 working visa which I have renewed twice. My current working visa will take me up to 6 years as tier 2, but i will complete 10 years on assorted visas before that. It is possible that my salary will reach £35000 before the end of my current visa, but not sure. I have a permanent contract.
    I am thinking of going for the ’10 year’ route, but i am not sure about absences from the country. My job requires me to go abroad, and i know that if I travel as part of my job or as a paid holiday, this is exempt on the five year tier 2 system, but I cannot find anything on the rules for the 10 year route to say whether this is the case or not.
    Could you advise me? Any help would be greatly appreciated.

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

      Hi,

      To qualify you must have had a continuous residence (no break in visas) in the UK for 10 years, and have spent no periods in excess of 6 months (at one time) away from the UK and you must not have spent more than 18 months in total away during the 10 years.

      • egpsta

        Thank you very much for this. Is there no exemption if the periods abroad were for work for a UK employer?

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

          Unfortunately there is no further exemption

  • Joanna Grindley

    Afternoon,
    I have applied for ILR because i’ve been in the UK for 7 years. I was on an ancestral visa issued in march 2009. I lost my passport in late 2009 (post strike) and got a new passport and applied for ‘transfer of conditions’ to my new passport in 2010. In 2015 I extended my ancestral visa as I wasn’t yet in a position to apply for indefinite leave. I applied a few days ago for ILR (the entire time I have been on an ancestral visa).
    I have just now heard via the grapevine that renewing your visa renews the 5 year period? is this true? Because the Border agency is about to take a whole lot of money out of my bank account!

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

      Should you have renewed your visa from outside of the UK, the 5 years would have been reset. Should you have done this in the UK, it would not have been reset.

  • Nicholas Hayes

    Hello,
    I hold an Indefinite Leave to Remain in the UK since 2004 but entered the USA as a permanent resident in 2013 because I have to look after my mother who is now retired. I am unhappy here in the USA and am planning to come back to the UK to settle in London again permanently. Am I still allowed to come back though two years have now passed?
    Nick

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

      Hi, unfortunately your ILR will have expired and you will have to apply for a visa again.

  • Raine Chong

    Hi John,

    I am now abit confused because I have been reading too many different things on the internet.

    I am a Singaporean and married to a British Citizen who is now living and working in Singapore with me. We intend to return to the UK next year to start a family and I of course intend to apply for ILR.

    Both of us meet the requirement of minimum income required, however will my application be affected because both of us are working in Singapore at the moment?

    My annual income is £22850, while my husband’s £28400.

    And usually when is the earliest I can apply from my country?

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

      Your application will not be negatively effected when applying from Singapore, the Visas are usually issued in about 8-12 weeks once submitted so I would suggest you therefore begin preparing your application 3-4 months in advance.

      • Raine Chong

        Thanks for the prompt reply! Ok, however do I have to have secured a job in the UK before I apply? Also, do I have to return to the uk immediately after the application, or could I wait a few months? I.e going back in december but applying in june.

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

          Hi Raine, it is required that the British Citizen (your spouse) has a confirmed job offer before the Visa is applied for. Once your Visas are then issued, you will be required to enter the UK within 30 days and activate your Visas.

  • samantha

    Hi
    Can you provide advice – my other half has just been denied ILR to remain today with a right to appeal which we will be doing. He was doing this based on his own terms and not including our relationship within the application. We are getting married in July 2016 (been set for 18 months)…if the case has not been dealt with by then can we still get married?
    Also will this now affect his working?

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

      Hi Samantha, 1st Contact don’t assist with refusals unfortunately, you will need to get in touch with a solicitor. You can contact Peter Lock – http://www.peterlockandcompany.com/

  • JC

    Hi, Firstly thanks for this great service. I have had ILR since 2000 following an Ancestry Visa, and although the ILR visa is in an old passport my later passport entry stamps have all been endorsed with ViPP. For family reasons I have been resident outside the UK (in Australia) for the last 10 years but return to the UK for relatively short periods at least every 18months, often every 12 months. I would like to return to live and work in the UK (I own a property there) and have previously been advised (by a Border Control entry officer) that my ILR would still be valid. I was also told that if my ILR had expired I would be able to apply for an ancestry visa again. Are you able to advise if this is true?

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

      Hi JC,

      They will revoke your ILR status in the UK, should you spend more than 2 consecutive years out of the UK. They may also revoke this status should they feel you travel for short periods back to the UK, merely to keep this status valid.

      It is important that you have never been stamped into the UK as a visitor since holding your ILR status as this would automatically nul and void your ILR status.

  • Sinan Nuuman

    Hi John;
    Is the five years requirement includes all visa types. Meaning if I have spent 4 years as a student, are they counted?

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

      Unfortunately a Tier 4 student Visa cannot be counted towards five years of residence leading to Indefinite Leave to Remain.

  • Ben

    Hello I live with English girl 3 month she have 2 kids with someone else but she doesn’t work can I aplay for visa thx

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

      Hi Ben,

      Unfortunately you would need to show proof of cohabitation for at least two years prior to applying. Additionally, she would need to meet the minimum income requirement to show she can support you.

      • Ben

        Hello I have my bank statement for 2 years and my income it’s 24000 in the year the can help for that.. What you suggestion to do thx very much

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

          Hi Ben, what visa are you currently on?

          • Ben

            Relationships visa I’m illegal in here

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

            In that case we would recommend you speak to a solicitor such as Peter Lock and Company http://www.peterlockandcompany.com/

  • Ajay

    Hi John,
    I am a Uk citizen,
    Me and my wife have been married for nearly 11 years now she came to the UK with a 2 year spouse Visa, we have 2 kids together a 8 year old and a 5 year old, they are both born in the UK.
    She has overstayed her visa by 7 years. Can she still apply for ILR? or is it too late?

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

      Hi Ajay, she would need to speak to a solicitor, such as Peter Lock, that specialises in this kind of case. http://www.peterlockandcompany.com/

  • Eri

    Hello John:
    Excellent article. I have two questions. I got married in 2014 and I’ve lived here since then. I hold a spouse visa(temporary 5-year permit) which as you know, is divided in two periods of 2 and a half years each. I know that I should apply for the second part of this permit 8 weeks before my current visa expires, but since I need to be out of the UK by the time I have to apply for the mentioned visa, I would like to know how long in advance is the earliest time I could apply.
    My second question is related to my details consigned in my BRP. I was registered in my BRP with my maiden name, since it has to be just as in my passport, However since I decided to take my husband’s surname as my married name, almost 2 years ago I got registerd in NHS , banks and other institutions with my married name. But just a little while ago I found an article from the UK Government which literally says that we must report any changes straigt away:
    “Report all other changes
    You must report all other changes to your circumstances. How you do this depends on what’s changed.
    Changes to your name or personal details
    You must apply for a new BRP straight away if any of these things change:
    name, eg if you’ve got married
    nationality
    facial appearance
    date of birth, eg if it was wrong
    gender
    You must apply for a new BRP within 3 months. You can be fined up to £1,000 or have your stay shortened if you don’t.

    I thought I didn’t need to report any changes untiI I got my permanent residence and then my British passport, but now I really don’t know what to think about it. I would like to know if I my case belongs to this group or and if so, what should I do?
    Thanks in advance and sorry for so extended message.

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

      Hi Eri,

      You will not need to leave the UK in order to apply for your extension. You will not need to change your BRP at this stage, your new one will have your new details on it.

  • Zain Zain

    Hi

    I was in UK between OCT 2010 – March 2014. This period involves one yr of Post graduation (Masters) from Queen Mary, University of London (Dentistry) and 2 yrs of PSW (Job). I was earning 38000 pounds. I have to leave UK because i could not find a sponsor. Since then I am trying to come to UK with possible means. Could you suggest one practical way i can apply for a visa?

    Marraige to UK is not practical.

    Tier 2 could be good option, but I tried a lot in UK and from abroad. Not successful

    I am just trying to figure out what is the way.

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

      Hi Zain,

      Outside of the UK Spousal Visa which will require that you have a British Spouse or the UK Ancestry Visa which would require that you have a British born grandparent, the only option would be the UK Tier 2 Work Permit and in order for us to assist you would require the Certificate of Sponsorship.

      • Zain Zain

        Do you assist in finding a relevant position or job ?

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

          Sorry we don’t, we specialise in visas.

  • Sonam N

    Hello

    I have a query regarding ILR requirements for a spouse of a British national. My husband joined me in the UK in March 2014 and his spouse visa is due for renewal in Dec 2016. We are hoping for him to attain ILR in March 2019, once he has completed his 5 years of continuous stay in the UK. However, he has recently been offered a very lucrative job in Europe, which may require him to travel a week per month.
    Travelling this often outside UK will certainly breach his 450 days outside UK in last 5 years or 90 days outside UK in last 12 months.

    My question is – will he still be eligible to apply for ILR at end of 5 years stay on spouse visa, despite breaching 450 days or 90 days outside UK threshold?

    Thanks of your reply.
    S.Awasthi

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

      In order for him to be eligible for indefinite leave to remain, he is not permitted to spend more than 180 days out per 12 month period.

  • Kabya

    Hi 1st Contact

    My Grand mother was born in UK. I did not know this until today when I searched for her name. My Grand Father died first in India however UK records show my GM died in England but she died in India. My parents are passed away too. Can I apply for ancestry visa? Can british records be fixed? How do I prove that she was my Grand mother. My uncle is alive. I am Canadian by naturalisation. My birth surname is extremly rare in India and is French and UK originated.

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

      Hi Kabya,

      You will need to have sight of the birth certificate in order to determine that you grandfather or grandmother was in fact born in the UK. If this is the case you may apply for the Ancestry Visa.

  • Shigirl21

    Hi. I hope I can pick your brain and get some advice regarding my situation please. My husband had been living in the uk for 5 years on a spouse visa. However, I am currently on maternity leave and trying to plan our options in terms of myself returning to work (or not) knowing that next year my husband will need to apply for ILR.

    Today I was told when I phoned the gov.uk immigration department that there are no financial requirements for indefinite leave to remain applications, although I read on their own website that £18,600 is the minimum requirement. She went on to explain that the form set(m) doesn’t even request the applicant to state any particular requirements I. E I earn more or less than £18,600 per annum, (which to be fair, she is right, it doesnt) she was very sure and confident in her answer, but I am really confused and don’t want to make a career decision which affects my husbands future in the uk or robs me of precious time with our wonderful child.
    Please help if possible. Thank you in advance.

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

      Hi,

      According to current legislation your financials will be assessed in your husband’s Set M Indefinite Leave to Remain application and this will need to meet the minimum threshold amount of £18 600.

  • Shahriar Saghri

    Hi John, I just came across this article, I just want to know if I have been leaving in the uk under tier 2 general for 4 years and 10 month can I still apply for ILR,
    Thanks

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

      Hi Shahriar,

      You will need to apply once you have been in the UK for five years.

  • Val

    hi
    I am a non EU nationality ,married to an EEA on 2011,I did have resident card for 5 years(from october 2011-october 2016) and been living and working ever since in the UK,my visa its due to expire on october 2016, I have been told that I have to pass Life in the Uk test and B1 level for english,can you tell me please am I entitled to apply for ILR one month before my visa expire?

    many thank Val.

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

      Hi Val,

      Yes as part of your Permanent Residence application you will be required to pass the Life in the UK Test as well as the English Proficiency exam. You would be eligible to apply 28 days prior to the expiry of your Residence Card.

      • Val

        Hi,

        Thank you for replay, I am little bit confused,because I went today to ask someone who works with refugee and help people about these cases,he wasen’t sure if I am applying for Permanent card or ILR,could you please help me with some informations !?

        Also,if you can tell me what kind of documents I need to send,do they have to be original or I can send copy,and I heard about payment went up!?
        It will mean a lot to me if you can replay again, many thanks Val.

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

          Hi Val,

          We do not assist with applicants holding refugee status unfortunately, but the application type you would be looking at in this case would be Indefinite Leave to Remain. The fee for this has now gone up by £375.

          • Val

            Hi,

            Thank you very much for respond, I do not hold refugee status , as I said I am a family member of EEA,, so if you saying that ”the fee has gone up by £375” does it mean that it will cost around 1900 £ ?

            One more thing if it possible to answer me ,my husbend’s documents I have to send ,like P60 etc can they be copy or have to be the original ?

            Thank you very much
            Val.

  • Candee Chiv

    Hi John,

    I have been really struggling to find advice as I am in a unique situation. I am American and married to a British citizen. I was granted my spousal visa before the new regulations in 2012 so, i only need to be living in the UK for the duration of 2 years in order to apply for the ILR. Where things get complicated is when my 2 years was up i applied for an extension of my original visa for reasons with work not giving me the time to take my life in the UK test and etc. This visa also, gave me an additional two years and is due to run out June this year. It is time for me to apply for my ILR but i do not know which way to apply. I have already paid the £1800 and had to get my biometric resident card with my last visa. Do i have to pay again (third time now) and re-apply with the same paperwork? Please help

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

      Hi,

      Because you are still on an existing Spousal Visa, the ILR application would now be a separate one and the government fee would be payable once more. You can apply to fast track the application, this is then a same day application.

      • Candee Chiv

        Thank you for getting back with me. I was hoping you could help me out with one more thing please. Do I need to supply all of my bank funds once again as my husband and i have just bought our home and are really worrying about how much we need to show for ILR.

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

          There is no specific amount required in terms of subsistence funds but we usually suggest that applicant hold between £1200 and £1600 per applicant.

          • Candee Chiv

            You have been so helpful. Thank you for your time!!

  • Isaac Martin

    Hello John,

    Would greatly appreciate your help. My situation seems to be a variation on a theme:

    I have been in the UK for 8.5 years.
    4 years as a student and 4.5 working as a doctor (2 years on a tier 1 and 2.5 on a tier 2, which expires in September)
    I have been living with my partner for 5 years, we’ve been married for 1 year (partner is a British Citizen).

    Can I apply for ILR?

    I’m looking over the paperwork and it seems like I can based on my marriage, however, the questions in the ILR form are confusing as they seem to suggest that I am here on a spousal visa, which isn’t the case.

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

      Hi Isaac,

      As a result of your circumstances, you will need to be present in the UK for 10 years before applying for ILR. You may begin your application process in 18 months.

  • Aj Vincent

    Hi John

    I already have ILR but are a bit confused about the eligibility criteria for getting citizenship/passport.
    I know I need to have ILR for a year before applying for citizenship but can I leave the country for no more than 90days in total in that year, or no more than 90days consecutively?

    Any help would be great

    Regards
    Alistair

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

      Hi Alistair,

      One is not permitted to spend more than 90 days in total out of the UK in the 12 month period they wish to apply to naturalise.

  • Tinus

    Hi John my wife’s grandfather was an iris citizen and we would like to apply for an ancestral visa however we do not have the original birth certificate. Will you be able to help us? Regards Tinus

  • Abeer Sayed

    Hello,
    My brother is British Citizen ( Egyptian) he has been living for 20 + years now in the UK. My mum 84 years and myself 47 years live on our own in Egypt. We would like to settle in the UK so we are in a family. Is this possible at all?

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

      Hi Abeer, it is not possible to apply for a visa based on a family member’s citizenship.

      • Abeer Sayed

        Thank you for your reply. I called UK immigration who said the opposite!
        And called you now to double check and was really disappointed in the agent who is called David. He is just an arrogant person who is not doing a job but fighting the person on the phone in a rude way.
        It seems you are a scam because if otherwise your agents would have been polite and have courtesy.
        I will take this reply and share with UK immigration to check which answer I got is right
        But I would advise you hire politer members of staff

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

          Hi Abeer,

          I am sorry for your experience. An adult dependant visa is not granted often and only in exceptional circumstances. This is not something that 1st Contact assist with as of the 9th July 2012 due to immigration changes in this category.

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

      Hi Abeer,

      As of July 2012 family members of British citizens may only apply for a visa to the UK should the applicants be solely dependant on the British citizen. The application is not a visa that is granted on a day to day basis unfortunately as the visa category itself has been closed. I would suggest you get in touch with an immigration solicitor, and I can recommend Peter Lock – peter.lock@peterlockandcompany.com +44 (0)20 8686 8864

  • Florin

    Hi John,

    I’ve got a question. I am an EEA national (Romanian) and came and settled in Britain in 2009. Next month my wife and I will have a baby, so just wondering if I need to have an ILR in order to apply for british citizenship for the baby. Being an EEA national I am not sure if I need to apply for an ILR, because on the application form for the baby it required that one of the parents is either a british citizen or to have an ILR.

    Thank you.

  • Chitra

    Hi,

    My husband got llr visa in november 2015 and I’m in tier 1 General visa, I came to India for delivery now my son is 6 months old we r planning to apply ile visa for my son from india .what are the documents we need and how long it ill take .
    Please help

    Chitra

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

      Hi Chitra,

      1st Contact offer full representation upon engagement
      of our services, part of the service is that you will then be in receipt of a
      full documentation checklist – you will then be fully aware of what our case
      work team will require from you in order to prepare your application in line
      with the requirements. The application takes around 2 – 3 months to be completed.

      • Chitra

        Thank you

  • Luca

    Hello, I am applying to become a dependant of my partner who has a UK ancestry visa. Il joing his visa few months after the start of his. After he has completed his 5 years and eligible for ILR, how can i treat my case? As I will be few months short behind him.

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

      Hi Luca,

      In this case your partner would then be eligible for ILR and you would then have the ability to switch to the UK spousal visa.

      • Luca

        Hi, but would My time spent as a dependant under his UK ancestry visa counted toward the 5 years requirement? Thank you

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

          Hi Luca, your 5 year residency will start again once you switch to the Spousal visa.

  • Bharath Kumar

    Hi John,

    I have a quick for you and sure your expertise can help me. I am planning to extend my TIER 2 General Visa by next Month May 2016. But noticed that my Wife and Children’s Indian Passport expires by November 2016 and September 2016 respectively. Their passports are only valid for less than 4+ and 5+ Months. Can you please let me know what is the minimum passport validity that UKBA will expect for Tier 2 Extensions. I could find this info anywhere. It will be a great help.

    Great Thanks

    – Bharath

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

      Hi Bharath,

      There is not a set amount of time that is needed, however we always suggest at least 6 months validity

  • Jayjay

    Hi, i’m hoping you might be able to help me. I recently applied for a 10 year long residence ILR visa. I moved to the UK in January 2006, was initially a student before applying for PSW and I have been on an EEA2 Residence permit since August 2012.

    I got married in July 2009 to my EEA French National wife, and are still married till date. However, our relationship has broken down due to irreconcilable differences.

    Therefore I was unable to submit her passport/ID with my application for 10 year ILR.
    However I was able to submit the following documents:

    Stamped joint bank statements Nov 2011 – Feb 2016

    EEA sponsor P60s: 2013, 2014, 2015

    Comprehensive Sickness Insurance for both of us: April 2014 – February 2016

    Life in the UK test pass notification

    Confirmation letter of employment from my employer
    6
    6-year personal employment history from the HMRC

    UK degree

    Cover letter explaining timeline in the UK

    Can you please confirm if these documents were sufficient? Did I need my EEA sponsor’s passport or ID for my SET(LR) application? Any advise on my relationship situation with my EEA wife? Could this potentially affect my application?

    Thanks
    J

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

      Hi Jayjay, As each case is based on a case by case basis it is not possible for me to confirm whether these documents are correct as you may need either more or either less to ensure a successful application.

  • Favour

    Excellent work John. I have few questions. I have been in the UK for 9 years and some months and I’m planning to apply for the ILR after 10 years but will need your advice please.
    I came as a student and I had to defer my studies for a year due to some personal circumstances. I remained and worked in the UK during the 1 year. Will this after my application?
    What other criterias do I need to meet for a successful application?
    Do I need to show my earnings and do I need to earn the minimum salary requirements?
    Thank you.

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

      HI Favour, Please could you provide your email address and I can send you some information

  • Remisa

    Hi John

    I would like to have your advice about my situation .
    I am from Albania and I have been in living in UK for 5 years ,and all this time I was under Student Visa,I have finished uni now and I am working at a company for over a year but they dont have the licence from Home office to sponsor a visa for me.
    I have been living with my sister and she has 2 kids but she has been taking depression medication for over a year.I spoke to a lawyer and she said that it could be a chance that I can apply as I look after my sister and kids most of the time but I am not sure if I my application will be approved or not.
    My visa will expire at the end of May 2016.
    I would really appreaciate If I could get a response from you .
    Many thanks

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

      Hi Remisa, 1st Contact don’t assist with these types of applications unfortunately. You would need to enquire with the lawyer that you have been in contact with.

  • Clayton Chettiar

    Hi John, can one make up the 5 year wait for ILR on different visas? for example 1 year on a T4 a year on a T5 and 3 years on a T2?
    Thanks

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

      Hi Clayton,

      Unfortunately you cannot combine various Visas to make up the five years required to gain ILR.

  • RaMMuT

    Hi John,

    Thank you for the great article! I wanted to ask you in regards to the ILR:

    I am a Canadian Citizen (31, married, no children) and my father went to the UK about 11 years ago with a Work Visa. After a couple of years he got the ILR, and 3 years later he was able to get the British Citizenship/passeport. My mother and brothers are with me here in Canada, I am married and my wife is also Canadian.

    I applied to the ILR Visa (as a dependant under my father as my sponsor) about 3 months ago (20 January to be precise). I want to know if there is any possibility that they refuse my application? And how long do you think it will take to get an answer? I gave them as a date on my application to go to the UK around April 20. My father is making about 55-60K pounds per year and my family are all with me here in Canada.

    Any information from your part would be great!

    Thank you and I appreciate your time

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

      Hi Rammut, An adult dependant application is not a visa that is granted very often as you would need to show that you are financially dependant on your father. It would not be possible for me to offer advise on a pending case unfortunately.

  • Liz Njeri

    Hello,

    I am Ugandan and have been in the UK for 10 years continuously under a Student/Tier4 visa category, and I’m currently preparing to submit an application for indefinite leave to remain. The UKVI site mentions that it can take up to 6 months to receive a decision, but documents will be returned within 20 working days, which seems inconsistent. Are both the passport and my current biometric residence permit returned within the 20 day timeframe? I ask as I have a work conference in New York about 2 months after I intend to submit my application, and will need my passport (but more importantly, my BRP) to leave/re-enter the UK.

    Do you know if the current BRP is commonly returned while the ILR decision is pending?

    Thanks,

    Liz

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

      Hi Liz, The application can take up to 6 months and your documents and BRP will be sent to you within 20 days of application being completed.

  • Jurijs

    Hello John,
    From what time I can count my UK 5 years living in UK for applying ILR?
    from time when I applied for 5 year EEU Family Member resident card, or when I already recieved that one ?

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

      Hi Jurijs,

      Your five years will begin from the date your resident card is valid from.

  • Nicola

    Hi. Me and my partner (were both female) are engaged to be married. We have been in a relationship for just under 2 years and are very much in love. She’s living and working full time in the uk on a tier 5 youth mobility visa. She is an Australian citizen and i am british born. I am in full time study at the moment. Her yearly salary is at the moment sitting just under the criteria of £18,600 that we have been told we have to meet to switch to spousal visa . Is there anything we can do? I really don’t want me partner to be deported back to Australia :(

  • YEMI OKE

    Hi John

    Basically I’ve been in this country for 5 years now. Came into the country with a student visa then got married 2 years after and my 2 and half years spousal visa expires later this year and me and my wife are not in good terms. she’s been treatning me to divorce me and all that. please ill like to know if i qualify for the ILR visa.

    I’ve been in the country for 5years without stepping out atall
    I work full time now and earn 16k annually.

    please do i qualify for the ILR visa?.

    Thanks in advance.
    Yemi

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

      Hi Yemi,

      Unfortunately your residence accrued while on the student visa will not contribute to your 5 years of residence required for ILR.

  • SZ

    Hi, I am applying for my ILR soon and would like some advice. I am Singaporean, and have been working in the UK since Feb 2009, first on a work permit, then on a tier2 (general). For the ILR application, it states “For the period before you were granted leave as a Tier2 migrant, documents showing you me the relevant requirements of the immigration rules”. What documents will I need to produce to fufil this criteria? Thanks!

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

      Hi,

      You will need to show evidence of your employment as well as the details of the particular visa which you held for this time period.

  • Danny

    Hi John

    Ive just got and ILR and am struggling to find out the restrictions that it has in place, obviously i would like to become a British Citizen. From what little i have read up on, Apparently i need to hold this ILR visa for a 12 month period before i can apply for a Citizenship.

    Am i allowed to Travel and work outside the UK during the 12 months? And after the 12 Month qualifying period, How long can the process take. I hear that there is a swearing in ceremony as well as a Naturalisation application to be made

    I would really appreciate if you could clear this up for me

    Danny

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

      Hi Danny,

      You are correct in saying that you would be required to hold your ILR for a minimum of 12 months prior to Naturalising.

      In the 12 months leading up to your Naturalisation application you cannot spend more then 90 days out of the UK. The application is a postal one and once submitted this usually takes around 4 months.

      • Danny

        Thank You for all that information it is well appreciated, I take it that its the same as the ILR remain application as in you can apply 1 month before the 12 month qualifying period?

        In the last message i asked if you are allowed to spend any time out the UK and still be eligible to apply for naturalisation ?

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

          Hi Danny,

          You can submit your ILR application in the 28 days prior to your five years of residence. In the 12 months leading up to Naturalisation you must not spend anymore then 90 days outside of the UK.

  • Jonny Sopara

    Hi John
    I want ILR advice for 10 years long-residency rule.
    I am in the UK continuous legally from 14th September 2006. I came on student visa. Currently, I am studying Doctor of Philosophy. I have student visa up to January 2017. I will finish my 10 years on 14th Sept 2016. The problem is university does not want me to carry on my study because of slow progress and wants me to switch to MPhil degree. As per new rule I am not allowed to study master course at the same level again. My wife and my son are dependent on me. My wife came to UK on student dependent visa in Dec 06. My son has born here and he is 8 years old but he stayed for 9 months in India when he was 9 months old. I am very much worrying for finishing 10-years and settle here. I would like your advice please in this matter.
    I’ll be very grateful for your advice.
    Thanks.
    Jonny.

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

      Hi Jonny,

      You may well be eligible to apply for your ILR 28 days before your 10 years of residence. The key is that you show your residence over this period has been legal throughout this period and you were never without a legal Visa and did not overstay at all.

      • Jonny Sopara

        The current problem I am facing is that university has almost decided to change my program from PhD to MPhil (still written decision will come after a month). So from June, I have to carry on with MPhil and finish it. As per new student visa rule, I am not allowed to take another master and have to leave country.
        If I am allowed to apply before 28 days that means I can apply on 15th August but then again I’ll be struggling for two and half months visa (June, July and a half August). This situation is extremely worrying. Could you advice on this matter please?
        Thank you very much for your reply.
        Regards

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

          Hi Jonny,

          Unfortunately in this case you would not be eligible to apply for ILR in this case as you would be short of the required time line.

          • Jonny Sopara

            Is there any way that I can apply for ILR? If possible then can we arrange a meeting please? My email address is jonnysopara at gmail dot com
            Thanks and waiting for your reply.

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

            Hi Jonny,

            One of our advisers will contact shortly regarding the way forward.

          • Jonny Sopara

            Thank you.

  • Zeren

    Hi my name is keren. I have a one year old daughter and it’s been 3 years I am in Glasgow now .. I am planing for a divorce from my husband and I haven’t got my indefinite stay. My daughter is british born.. can i apply as a single mother for indefinite stay?

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

      Hi Keren,

      Please send us your contact number, and one of our consultants will get in touch with you to discuss telephonically.

  • Caroline

    Hi,

    I have been in the UK for 2 x years on the Tier 5 (Youth Mobility Visa), 1 X year on a legal extension of that visa (I was appealing an unmarried partner visa decision) and have just been granted the UnMarried Partner visa (5 x years, renewal after 2.5 years)

    Does my Youth mobility Visa + 1 year extension of that count toward the 5 years necessary to apply for Naturalisation/ILR? I haven’t and won’t leave the country more than the 90 days/year + will keep up other requirements.

    Just not sure if its 5 years from unmarried partner visa, or initial legal entrance.

    Thanks for the article and thanks in advance for your help.

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

      Hi Caroline,

      You will be eligible after spending 5 years in the UK on your UK spousal visa. Unfortunately, the time you spent in the UK on your Tier 5 visa and whilst the appeal was in process does not count towards your eligibility.