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ILR Documents Checklist (Updated List)

With Indefinite Leave to Remain (ILR) status, you can enjoy living in the United Kingdom without any immigration restrictions or time limits. To apply for ILR you must provide various documents and information to prove your eligibility to the Home Office. Our ILR checklist provides all you need to know.

For more information regarding the necessary documents and eligibility criteria, feel free to reach out to us. Call one of the advisors at IAS on  0333 305 9375  or contact us  online .

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Overview of ILR

ILR is settlement visa that enables people from other countries to live and work in the UK without any limitations on their status. To be eligible for ILR, individuals must meet specific requirements and eligibility criteria according to UK immigration law.

There are different routes to obtaining ILR , including the five-year and ten-year ILR visa routes. The five-year route is available to individuals who have been in the UK for five years continuously, with valid permission to stay throughout that period.

Individuals who have lived in the UK for ten years continuously and meet the other eligibility criteria can apply for ILR through the ten-year route. It is essential when you make an application for Indefinite Leave to Remain that you ensure you have included all the required documents in the correct format.

Making sure you submit the right paperwork will help you avoid any potential delays or challenges in being granted ILR. Ensure the success of Indefinite Leave to Remain applications with the help of expert guidance on the relevancy of documents.

Call IAS today at 0333 305 9375 , or get in touch with us online to receive personalised support and professional assistance with your Indefinite Leave to Remain application.

Indefinite Leave to Remain Document Checklist

When you apply for Indefinite Leave to Remain, you must give the Home Office the right documents. What supporting documents you need depends on your personal circumstances.

You may be required to include many of the following documents as part of your ILR application process:

• Your valid passport
• Proof that you can speak English well (if you had to take an English language test)
• Proof that you passed the Life in the UK test
• Two passport-sized photographs
• Details about any times you have been out of the UK
• A copy of your biometric residence permit (if you have one)
• Information about where you live in the UK. E.g., tenancy agreements
• Birth certificates for any children you have (if they are applying with you)
• A letter from a doctor if you have a long-term health problem
• Evidence that you live with your partner if you are applying with them (E.g., shared tenancy agreements)
• Information about your finances, such as bank statements
• Police registration certificate (if you were asked to register with the police)
• Documents that show changes in your circumstances.

As a general rule, the UK Home Office prefers original documents. You may be asked to submit digital scans of original documents while applying online.

If your original documents are not in English or Welsh, you must provide a full and certified translation along with the original items.

If you want to apply for ILR, we can assist with your application.

Knowledge of Language and Life In the UK Test

Knowledge of Language and Life in the UK is a condition that applicants must meet as part of obtaining ILR.

Meeting these requirements shows that you are committed to respecting the UK’s laws, values and traditions.

To apply for ILR, you need to show that you have good English language ability, equivalent to level B1, according to the Common European Framework of Reference for Languages.

The test is available at various locations across the UK. Once you pass the test, you will receive a certificate or a unique reference number to include in your ILR application as proof of your English language ability.

However, you may be exempt from the English language test if you are from a majority English-speaking country or have graduated from an English-taught degree course at an approved academic institution.

Other exemptions include:

• those aged 65 or over
• those with long-term physical or mental conditions
• adult dependants aged between 18 and 64
• victims of domestic violence whose civil partner is a British citizen or has settlement status in the UK
• partners or spouses of deceased British citizens or those with settlement status in the UK.

To demonstrate your knowledge of life in the UK, you must pass the ‘Life in the UK’ test, which can also be taken at various UK test centres. You must score at least 75% on the test.

This means you must answer at least 18 of the 24 questions correctly to pass the test. Once you have passed the test, you will receive a pass notification letter, which you need to submit as part of your ILR application.

You may be exempt from this test if you are under 18 or over 65, have a long-term physical or mental condition, or fall under other exempt categories, individual circumstances such as victims of domestic violence or bereaved spouses or partners.

Valid Passport or Travel Document

To apply for Indefinite Leave to Remain, you must show your identity and nationality by providing a valid passport or original travel document.

You must also prove it if you used a different passport to enter the UK. Don’t forget to provide all your valid passports while living in the UK.

If you do not have a passport or have not had one since you came to the UK, you can give another valid travel document.

Biometric Residence Permit

A Biometric Residence Permit is an identification card that many people get if they are allowed to stay in the UK for more than six months.

If you have one, you must give it when you apply for ILR. You also need to provide the Biometric Residence Permits of any dependents included in your Indefinite Leave to Remain application.

Once you submit your form, you can book an appointment at a UKVCAS center. There, you will give your biometric information and provide any supporting documents that you have not already submitted online.

Information About Where You Live in the UK

If you own or rent a property in the UK, you must provide documents showing this, such as your rental agreement or mortgage statement. If you’re renting a property, you should also include a letter from your landlord.

You should include a letter from family or friends stating that you are permitted to live there if you’re staying in housing owned or rented from them.

Also, provide documents showing your residencies, like council tax bills, utility bills, or a letter from your mortgage provider or a landlord in case you have changed your residence during your stay in the UK.

Details About Any Times You Have Been Out of the UK

You must have lived in the UK for a specific amount of time. This period is usually five years and must be a continuous residence. You can not leave the UK for more than 180 days in a year during this period unless there are exceptional circumstances.

If you have been outside the UK for more than 180 days during any 12-month period of your qualifying residency, you may not be eligible for ILR.

You must provide documentation to explain any periods of absence from the UK during your qualifying residency period. For instance, if you were on annual leave, you must provide a letter from your employer to confirm that.

They might ask you to write a letter explaining why and provide any evidence available if you were away. For instance, if your absence was due to compelling reasons, such as travel disruption caused by a natural disaster, you must provide travel documents from travel companies to support your case.

Our immigration lawyers are on hand to help with any aspect of applying for ILR, get in touch with us today.

Calculating Your Continuous Period of Residence

Calculating your continuous period of residence can be difficult, but it’s important to meet the requirements set by the Home Office.

You must have spent a certain amount of time living in the UK to be eligible for ILR, meaning you must calculate the days you have spent outside the UK.

You must have held valid leave to enter or remain in the UK for the entire period. To calculate the qualifying period, you need to count backwards from the date that is most beneficial to you.

This could be the date of application, the date of the decision, or any date up to 28 days after the date of application.

It is vital to provide reasons and evidence for all your absences, such as a letter from your employer, work contract, official document related to a family event or emergency, medical record, and workshop invitation.

Some absences won’t affect your continuous period, such as the time between the issue of your entry clearance and entering the UK, and part-day absences, where only whole days (24 hours) spent outside the UK are counted. If you’re unsure about your eligibility, seeking professional advice is best.

Documents That Show Changes in Your Circumstances

Essentially, if your situation has changed significantly since you first came to the UK, you will need to provide information about those changes as part of your ILR application. This could include getting married or divorced, changing your name, or having children.

If you’ve switched to a different type of visa during your time in the UK, you may also need to provide proof of more than five years of residency.

Depending on the type of visa you switched from and to, you may need to accrue another five years in the UK on a valid visa or your new visa before you’re eligible for ILR.

If you have received any benefits during your stay in the UK, you will typically be required to provide documents as evidence, such as a Benefit award letter from the Department for Work and Pensions (DWP), bank statement, universal credit statement, or Tax Credit Award notice.

Additional Document Checklist

Depending on your current visa type and other factors, you may need to provide additional required documents when applying for Indefinite Leave to Remain status.

For instance, if you are applying after holding a Global Talent Visa or a Skilled Worker visa, you will need to provide employment details, while if you have a UK Ancestry visa, you will need to submit your grandparents’ birth and/or marriage certificates as proof of nationality.

If you are on a Spouse Visa, you will need to show evidence of living together as one of the additional documents required. Otherwise, a marriage certificate is enough.

Call us for further assistance in clarifying any issues you may have with your ILR immigration case.

Eligibility for an Indefinite Leave to Remain Application for Children

If a child wishes to stay in the UK for an indefinite period, there are several ways to apply for Indefinite Leave to Remain.

ILR Eligibility Criteria for a Child With a Settled Parent in the UK

The first way is if a child has a parent who has settled in the UK. A parent with settled status can bring their child, who is not currently in the UK, to settle here if the parent meets one of the requirements, such as:

• both parents are present and settled in the UK
• one parent is present and settled in the UK, and the other parent is deceased
• one parent has sole responsibility for the upbringing of the child.

ILR Eligibility Criteria for a Child Visa Holder With a British Parent or a Settled Parent in the UK

A child may be able to apply for ILR if they hold a child visa and have a parent who is a British citizen or is settled in the UK.

To make a successful application for ILR as a child visa holder, the settled or British parent must be the child’s biological parent, adoptive parent, or step-parent (if their biological parent has died), and the child visa holders must:

• have permission to remain in the UK as a dependant of their parent
• be living with their parent/s
• be financially supported by their parent/s without recourse to public funds
• have adequate accommodation
• not be married or in a civil partnership
• not be leading an independent life and
• not have formed an independent family unit

Limitations for a Child to Apply for ILR

To apply for ILR, the child must have no unspent criminal convictions or represent a risk to the British public

Can a Child Apply for UK Citizenship Without Having ILR?

A child may, instead of getting ILR, become a citizen right away by applying if:

• they were born in the UK to parents who were not British but later gained British citizenship or settled in the UK
• they were born outside the UK and had a British parent
• they are citizens of a Commonwealth country and have a parent who lived in the UK before 1973

How Can IAS Help?

If you are applying for Indefinite Leave to Remain in the UK, it is crucial to provide the correct documentation. To ensure that you have a comprehensive submission and avoid issues or delays, it is recommended to seek professional advice.

At IAS, we understand the importance of obtaining ILR for your future immigration status in the UK. Our team of experienced legal professionals can help you with your Indefinite Leave to Remain document checklist.

We will guide you through the process, helping you to understand the requirements and providing advice on the best course of action.

With IAS on your side, you can rest assured that your application will be handled efficiently and professionally, increasing your chances of success.

Don’t take any chances when it comes to your future in the UK. Contact us today for expert advice and support with your ILR application.

To learn more about how we can help you with Indefinite Leave to Remain, please contact us at 0333 305 9375 or through our website, online to schedule a consultation today.

We offer immigration advice sessions as face to face appointments at all of our UK offices, or via the phone.

Table of Contents

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Written by Immigration Advice Service

Editorial team.

This content was developed by a team of writers, SEO specialists, editors, and lawyers who provide valuable information to those with immigration queries.

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Ensure you have the greatest chance of a successful appeal with our legal support and guidance.

Frequently Asked Questions

What is the processing time for an ilr application.

Processing Indefinite Leave to Remain applications takes longer than the average UK visa application.

A decision typically takes 3-6 months but can take longer, depending on the number of applications being processed. Once a decision is made, you will receive a confirmation letter.

What is the Processing Fee for ILR Application?

The Indefinite Leave to Remain processing fee is the cost required to apply for the ILR status.

The ILR processing fee is £2,885 per applicant, and an additional fee of £19.20 to submit biometric information.

It is essential to note that the fee applies to each person applying, and it is non-refundable, even if the application is unsuccessful. Therefore, it is crucial to ensure that all the necessary requirements are met before applying to avoid any potential loss of funds.

Can I Travel Outside the UK While My ILR Application is Processed?

You can travel outside the UK while your ILR application is being processed, but certain factors must be considered.

If you leave the UK while your application is being processed, you may not be able to re-enter the UK until a decision has been made on your application.

Additionally, you may need to attend a biometric appointment or provide further documentation during the processing period, so it’s important to consider any potential travel plans when scheduling these appointments.

What Will Happen If My ILR Application Is Declined?

In the event that your application for Indefinite Leave to Remain (ILR) in the UK is declined, you and your legal representative will receive written notification detailing the reasons for the refusal and whether you have the right to appeal. Additionally, the letter may contain information on how to proceed with the appeal process.

It is crucial that you adhere to the specified time limits indicated on your refusal letter when submitting your appeal. Typically, you will have 14 days to apply if you are currently in the UK and 28 days if you are outside of the country.

In the event that your ILR application is declined, it is recommended that you first address any issues mentioned in the rejection letter. If the refusal is due to a minor error on your application, you may want to consider resubmitting it.

Depending on the reasons for the refusal, your immigration solicitor can provide advice on the most suitable course of action.

Will I or My Dependents Have to Leave the UK if My ILR Application Is Refused?

If you are awaiting a decision on the ILR application and have applied before your and your dependants’ visa expires, you can all continue living in the UK.

If you applied for ILR after the expiry of your visa, you would be considered an overstayer from the date of your visa expiry.

If your dependents’ immigration status is tied to yours, they may also be required to leave the UK if you have to leave. In some cases, they may be able to apply for a different visa category to continue staying in the UK if they meet the eligibility criteria.

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• Immigration

Qualifying for Indefinite Leave to Remain: How to Get Permanent Residency in the UK

Indefinite leave to remain in the uk allows non-uk citizens to achieve permanent residency. this article explains the qualifications and the process to obtain the indefinite leave to remain in the uk.

Key Takeaways:

• Indefinite Leave to Remain (ILR) grants non-UK nationals the right to live and work in the UK without immigration restrictions, similar to permanent residency, and is a vital step towards British citizenship.
• Eligibility for ILR depends on factors such as legal residence, continuous residence, financial stability, language proficiency, and a clean record.
• The application process for ILR involves gathering documents, completing the application form , paying a fee, providing biometric information, and waiting for a decision. Once granted, ILR allows access to healthcare, benefits, and the ability to live, work, and study indefinitely in the UK.

Understanding “Indefinite Leave to Remain” in the UK

If you’ve been living in the UK for a certain period and are considering making it your permanent home, you might be asking yourself, “How do I get permanent residency in the UK?” The answer lies in obtaining what is known as Indefinite Leave to Remain (ILR). This status grants you permission to live and work in the UK without any immigration restrictions.

What is Indefinite Leave to Remain (ILR)?

Indefinite Leave to Remain is essentially permanent residency for non-UK nationals. It allows you to stay in the UK for an indefinite period, free from immigration controls. With ILR, you have almost the same rights as a British citizen, including the ability to access public funds, work, and study. Furthermore, holding ILR is a vital step towards naturalization or acquiring British citizenship, should that be your goal.

Eligibility Criteria: How to Qualify for Indefinite Leave to Remain UK

Qualifying for ILR depends on various factors related to your current visa and your length of stay in the UK. Here are the general eligibility requirements:

• Legal Residence : You must have lived legally in the UK for a certain period, usually five years. However, this can be shorter for some visas, like the Tier 1 Investor Visa, or longer for others, such as the 10-year long residence route.

Also of Interest:

H-1b visa processing fees: what to expect, using a previously obtained pwd for a new perm application: employer immigration compliance guide.

• Continuous Residence : You should not have gaps in your residence, meaning no long periods spent outside the UK throughout that qualifying period. As a rule of thumb, you shouldn’t have spent more than 180 days outside the UK in any 12 months.

Financial Requirements : You need to demonstrate that you can financially support yourself (and any dependents).

Knowledge of Language and Life in the UK : Applicants are required to pass the ‘Life in the UK’ test and prove English language proficiency, typically with an English language test.

Absence of Criminal Convictions : A clean immigration and criminal record is essential. Having a criminal record might affect your eligibility.

The Process: Steps to Apply for ILR

Once you determine that you qualify for Indefinite Leave to Remain, the application process involves several key steps:

• Gather Documentation : Collect all necessary documents, like your current passport, birth certificate, financial statements, proof of lawful stay and passing the Life in the UK test.
• Complete the Application Form : This can be done online, where you’ll provide detailed information about your stay and background.
• Pay the Fee : The ILR application comes with a fee that you’ll need to pay when submitting your application.
• Biometric Information : You’ll need to have your fingerprints and a photo taken at a visa application center.
• Wait for a Decision : Processing times can vary, but you should receive a decision on your application within 6 months.

Living with ILR: Your Rights and Responsibilities

Holding ILR allows you to live, work, and study in the UK indefinitely. You can also access the National Health Service (NHS), public funds, and benefits, similar to a UK citizen. However, there are responsibilities to maintain your ILR status:

• Keep your Biographic Information Updated : If you change your name or other personal data, you must inform the Home Office.
• Protection of ILR Status : If you leave the UK for more than 2 years, you may lose your ILR status.

Planning for the Future: Pathway to British Citizenship

Once you’ve held ILR for at least 12 months, you might be eligible to apply for British citizenship. This step has additional requirements, including a good character assessment and an intention to continue living in the UK.

For official information and advice, check the UK government’s guidelines on ILR .

Navigating the path to achieving Indefinite Leave to Remain in the UK can be complex. However, understanding the process and preparing accordingly will simplify your journey towards making the UK your permanent home. Remember to consult official resources or seek professional advice as you prepare your application to ensure adherence to the latest regulations and expectations.

Expert Insights

Did You Know?

• Legal Residence Exceptions : While the general requirement for obtaining Indefinite Leave to Remain (ILR) is five years of legal residence in the UK, there are exceptions. Some visa categories, such as the Tier 1 Investor Visa, may have shorter qualifying periods. On the other hand, the 10-year long residence route allows for ILR after a decade of continuous legal residence in the UK.

Language and Life in the UK Test : As part of the Indefinite Leave to Remain application process, applicants must pass the ‘Life in the UK’ test. This test assesses their knowledge of British history, culture, and customs. Additionally, applicants are required to prove English language proficiency, usually demonstrated through an English language test.

Dual Citizenship : The UK allows for dual citizenship, meaning individuals with Indefinite Leave to Remain can retain their original citizenship while also becoming a British citizen. This provides flexibility and the opportunity to enjoy the rights and benefits of multiple countries.

Long Absences and ILR : To maintain ILR status, individuals should avoid long absences from the UK. If you leave the country for more than two years, you risk losing your Indefinite Leave to Remain. It’s important to plan your travels accordingly and ensure you return to the UK within the allowed timeframe to maintain your ILR status.

Financial Independence : Indefinite Leave to Remain applicants need to demonstrate that they can financially support themselves and any dependents. This requirement ensures that individuals are self-sufficient and not reliant on public funds or benefits for their livelihood while living in the UK.

Good Character Assessment : When applying for British citizenship after holding ILR for at least 12 months, individuals undergo a good character assessment. This assessment evaluates their conduct and adherence to the law during their time in the UK. It includes factors such as criminal records, taxes, and related compliance.

Access to Public Funds : With ILR, individuals have access to public funds and benefits in the UK, similarly to British citizens. This includes the ability to access the National Health Service (NHS) and other social welfare support systems.

ILR Pathways : Indefinite Leave to Remain is a significant milestone on the pathway to British citizenship. It provides a foundation for individuals to further pursue their goal of becoming British citizens after meeting additional requirements, such as demonstrating an intention to continue living in the UK and passing character assessments.

Changing Personal Information : It is important to keep the Home Office informed of any changes to your personal information, such as a change of name or contact details. This ensures that your biographic information and records remain accurate and up to date.

Remember to consult official resources or seek professional advice as you navigate the process of applying for Indefinite Leave to Remain. For the most accurate and up-to-date information, refer to the UK government’s guidelines on ILR .

Learn today

Glossary or Definitions:

• Indefinite Leave to Remain (ILR) : A status granted to non-UK nationals that allows them to live, work, and study in the UK without any immigration restrictions. ILR is essentially permanent residency, granting almost the same rights as a British citizen and serving as a vital step towards naturalization or acquiring British citizenship.

Legal Residence : The requirement to have lived legally in the UK for a certain period, typically five years, to qualify for ILR. The length of time may vary depending on the visa category.

Continuous Residence : The condition of not having any gaps in residence, meaning no long periods spent outside the UK throughout the qualifying period. To meet the continuous residence requirement, individuals generally should not have spent more than 180 days outside the UK in any 12-month period.

Financial Requirements : The need to demonstrate the ability to financially support oneself and any dependents while residing in the UK.

Knowledge of Language and Life in the UK : The requirement for ILR applicants to pass the ‘Life in the UK’ test and demonstrate English language proficiency, typically through an English language test.

Criminal Convictions : The absence of any criminal convictions, as having a criminal record may affect eligibility for ILR.

Application Form : The document that needs to be completed, usually online, with detailed information about an individual’s stay and background in the UK.

Biometric Information : The fingerprints and photo of the applicant that need to be taken at a visa application center as part of the ILR application process.

Processing Times : The length of time it takes for the authorities to review and make a decision on an ILR application. Processing times can vary but are typically expected to be completed within 6 months.

National Health Service (NHS) : The publicly funded healthcare system in the UK that individuals with ILR have access to.

Public Funds : Financial benefits or support provided by the government, which individuals with ILR are eligible to receive.

Good Character Assessment : A requirement for individuals who wish to apply for British citizenship after holding ILR for at least 12 months. It involves evaluating an individual’s character, conduct, and adherence to the law.

Home Office : The government department responsible for immigration, citizenship, and security in the UK. Individuals with ILR must inform the Home Office of any changes to their biographic information, such as a name change.

Pathway to British Citizenship : The process of transitioning from ILR status to becoming a British citizen. This typically requires meeting additional criteria such as holding ILR for a specified period of time, passing the life in the UK test, proving English language proficiency, and demonstrating intention to continue living in the UK.

Note: This glossary is not exhaustive and focuses on defining terms specifically related to Indefinite Leave to Remain in the UK.

And there you have it, my fellow tech enthusiasts! Understanding the ins and outs of “Indefinite Leave to Remain” in the UK. It’s like obtaining a VIP pass to live and work in the land of fish and chips without any immigration restrictions. 🇬🇧 But hey, don’t stop here—there’s still more to learn! Head over to visaverge.com to dive deeper into this fascinating topic and get all the geeky details you crave. Happy exploring!

FAQ’s to know:

FAQ 1: What is Indefinite Leave to Remain (ILR) and what are the benefits?

Indefinite Leave to Remain (ILR) is a form of permanent residency in the UK for non-UK nationals. It grants the permission to live and work in the UK without any immigration restrictions. With ILR, you have similar rights as a British citizen, including access to public funds, the ability to work and study, and eligibility for certain benefits. ILR is also an essential step towards naturalization or acquiring British citizenship.

FAQ 2: What are the eligibility criteria for obtaining Indefinite Leave to Remain in the UK?

To qualify for ILR in the UK, you need to meet several eligibility criteria:

• Legal Residence : You must have lived legally in the UK for a specific period, usually five years.
• Continuous Residence : There should not be any significant gaps in your residence, with no more than 180 days spent outside the UK in any 12-month period.
• Financial Requirements : You must be able to financially support yourself and any dependents.
• Knowledge of Language and Life in the UK : You need to pass the ‘Life in the UK’ test and prove English language proficiency.
• Absence of Criminal Convictions : A clean immigration and criminal record is essential.

FAQ 3: What is the process for applying for Indefinite Leave to Remain in the UK?

The application process for ILR involves the following steps:

• Gather Documentation : Collect all necessary documents, such as your passport, birth certificate, financial statements, proof of lawful stay, and passing the Life in the UK test.
• Complete the Application Form : Fill out the application form online, providing detailed information about your stay and background.
• Pay the Fee : Submit the required fee along with your application.
• Biometric Information : Visit a visa application center to provide your fingerprints and have a photo taken.
• Wait for a Decision : The processing time can vary, but you should receive a decision on your application within 6 months.

Remember to consult official resources or seek professional advice to ensure adherence to the latest regulations and expectations when applying for ILR in the UK.

What did you learn? Answer below to know:

• True or False: Indefinite Leave to Remain (ILR) in the UK grants non-UK nationals permission to live and work in the country without any immigration restrictions.
• What are the general eligibility requirements for obtaining Indefinite Leave to Remain in the UK? (Short answer)
• How long must you hold Indefinite Leave to Remain before you may be eligible to apply for British citizenship? (Multiple choice) a) 6 months b) 1 year c) 5 years d) 10 years

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02035751236, list of documents required to file the application for indefinite leave to remain (ilr) in the united kingdom (uk) on being on spouse visa or civil partner visa or unmarried partner visa for 5 years, - see explanatory video below.

(All documents must be free from any staples,clips or pins):

Main documents:

Applicant’s current passport

Any Expired/Cancelled Passports used in the last 5 years to evidence stamps of absences from the UK

Applicant’s Biometric Residence Permit (BRP) Card

Full Copy of Sponsor’s current British Passport(all 36/42 pages)

Marriage Certificate or Civil Partnership Certificate (not required for Unmarried Partners)

Signed Family Consent ( download here ) - Part 1 to be signed by the Applicant, Part 2 to be signed by the Sponsor, Sponsor’s Declaration to be signed by the Sponsor

English Language: (check https://www.gov.uk/uk-family-visa/knowledge-of-english )

UK Bachelors/Masters/Phd Award or 

English Language test pass certificate – at least level B1, (if the Certificate is expired(i.e. more than 2 years old) and it was used for either the initial partner visa or for the extension of the partner visa, then the same B1 certificate can be used, even if it is expired)

-- Link to book the  Trinity College London test (B1 SELT – GESE Grade 5) at https://www.trinitycollege.com/site/?id=3220

Life in the UK test

Life in the UK Pass Certificate - book the test at  https://www.gov.uk/life-in-the-uk-test

Accomodation:

Land Registry or Tenancy Agreement

Council Tax bill

Monthly costs of housing, such as a Mortgage Statement if property is owned by either the Sponsor or the Applicant or jointly

(If the property is not owned or rented by the Applicant or the Sponsor or jointly, then a letter from the individual/s who own or rent the property confirming that they are happy for the Sponsor, the Applicant and their children's(if any) to live in their property and a copy of their ID document such as Passport or Driving Licence, etc.)

List of people living in the Property - Name, Age, Relationship to Applicant, Relationship to Sponsor

List Absences from the UK in the last 5 years in the following format:

Country Visited

Reason (Holiday, Business, Visiting Relatives)

Date of Departure from the UK (DD-MM-YY)

Date of return to the UK (DD-MM-YY)

Number of days*

Total number of days absent

[Enter whole days’ absences only. Do not include the day you left the UK or returned to the UK. For example, if you were absent from the UK between 1 January 2014 and 31 January 2014, enter 29 days (2 January to 30 January inclusive)].

Previous Relationships:

Divorce Certificates - evidencing that any previous marriages are dissolved or Death Certificate if former spouse has died

Cohabitation Evidence (Evidence of Living together):

Items of correspondence from 6 different sources as below(spread across last 2 years from the date of application, monthly items - 4 documents per year spread across the year, all documents which are quarterly, half-yearly and yearly) addressed to the Applicant and the Sponsor or joint  documents, examples below: (online statements can be printed)

Bank statements/letters

Council Tax Bill

NHS letters,

HMRC letters,

DVLA letters

Telephone Bills/Statements

Water rates bills/statements

Internet bills

Tenancy Agreement

Any online purchase invoices, like ebay invoices, amazon invoices, etc.

Financial Requirement: -

Option 1. Salary from UK employment

Payslips for last 6 months, last one dated within 1 calendar month from the date of application

Corresponding last 6 months Bank statements(either posted or stamped by the bank or with an accompanying letter from the bank) showing the above 6 salary entries

A letter from the employer(s) who issued the payslips confirming -

(i) the person’s employment and gross annual salary;

(ii) the length of their employment;

(iii) the period over which they have been or were paid the level of salary relied upon in the application; and

(iv) the type of employment (permanent, fixed-term contract or agency).

Any shortfall in Income below the financial requirement (check https://www.gov.uk/uk-family-visa/proof-income ), may be supplemented by cash savings, following documents required:- Savings

Last 6 months Bank/Investment account statements showing the savings held in the name of the applicant or Sponsor or jointly in both their names, anywhere in the world.

Letter from Broker/Bank to confirm the amount held, period the funds are held and the name of the account holder/beneficiary.

Option 2. Self Employment income

For example if Financial year is ending May 2018, i.e. the 12 months would could from April 2017 to May 2018 and these documents can be used to file the application upto May 2019.

All of the following must be provided: (i) Company Tax Return CT600 (a copy or print-out) for the last full financial year and evidence this has been filed with HMRC, such as electronic or written acknowledgment from HMRC.

(ii) Evidence of registration with the Registrar of Companies at Companies House. (iii) If the company is required to produce annual audited accounts, such accounts for the last full financial year. (iv) If the company is not required to produce annual audited accounts, unaudited accounts for the last full financial year and an accountant’s certificate of confirmation, from an accountant who is a member of a UK Recognized Supervisory Body (as defined in the Companies Act 2006) or who is a member of the Institute of Financial Accountants. (v) Corporate/business bank statements covering the same 12-month period as the Company Tax Return CT600. (vi) A current Appointment Report from Companies House.

(vii) One of the following documents must also be provided: (1) A certificate of VAT registration and the VAT return for the last full financial year (a copy or print-out) confirming the VAT registration number, if turnover is in excess of £79,000 or was in excess of the threshold which applied during the last full financial year. (2) Proof of ownership or lease of business premises. (3) Original proof of registration with HMRC as an employer for the purposes of PAYE and National Insurance, proof of PAYE reference number and Accounts Office reference number. This evidence may be in the form of a certified copy of the documentation issued by HMRC.

(c) Where the person is either listed as a director of the company, or is an employee of the company, or both, and receives a salary from the company, all of the following documents must also be provided: (i) Payslips and P60 (if issued) covering the same period as the Company Tax Return CT600. (ii) Personal bank statements covering the same 12-month period as the Company Tax Return CT600 showing that the salary as a director or employee of the company (or both) was paid into an account in the name of the person or in the name of the person and their partner jointly.

(d) Where the person receives dividends from the company, all of the following documents must also be provided: (i) Dividend vouchers for all dividends declared in favour of the person during or in respect of the period covered by the Company Tax Return CT600 showing the company’s and the person’s details with the person’s net dividend amount. (ii) Personal bank statement(s) showing that those dividends were paid into an account in the name of the person or in the name of the person and their partner jointly.

(e) For the purposes of paragraph 19(a), evidence of ongoing employment as a director or other employee of the company or of ongoing receipt of dividend income from the company must be provided.

This evidence may include payslips (or dividend vouchers) and personal bank statements showing that, in the period since the latest 12-month period covered by the Company Tax Return CT600, the person’s salary as a director or employee of the company (or both) (or dividend income from the company) was paid into an account in the name of the person or in the name of the person and their partner jointly. Alternative evidence may include evidence of ongoing payment of business rates, business-related insurance premiums or employer National Insurance contributions in relation to the company.

Letter from Broker/Bank to confirm

_________________

Option 3. Savings - The total savings required is GBP 34600

Last 6 months Bank account statements showing the savings held in the name of the Sponsor or Applicant or Jointly (plus an English translation if not in English) from any bank in the world, (Check: https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-p-lists-of-financial-institutions )

Letter from Bank to confirm the amount held, period the funds are held and the name of the account holder/beneficiary (plus an English translation if not in English)

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Indefinite Leave to Remain Document Checklist 2024

If you want to become a person with settled status in the UK, you can apply for Indefinite Leave to Remain. As part of the application process, you will need to provide a number of documents and information to prove your eligibility.

In this blog post, we set out an up-to-date Indefinite Leave to Remain document checklist for 2024.

Do you need immigration legal advice? Call us on 0121 667 6530  for immediate help & assistance with your situation. We’re here to help you in person, via the phone or online.

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Indefinite leave to remain document checklist 2023.

If you want to apply for Indefinite Leave to Remain , you will need to provide certain information and documents to the Home Office. This is a key component of the whole application process and it is vital that you submit all relevant documentation, and in its proper form.

In this blog post we set out the Indefinite Leave to Remain document checklist in 2024.

Required Documents for Indefinite Leave to Remain

Firstly, it is important to point out that the specific information which you need to provide ultimately depends on your individual circumstances.

The route which you are taking towards Indefinite Leave to Remain will dictate which information you will need to provide. This helpful post outlines the difference between the five-year and ten-year route .

For instance, those applying for ILR as an Ancestry Visa holder will need to provide birth and/or marriage certificates of their grandparents as a unique requirement.

As another example, those applying for ILR after they have worked in the UK for five years will need to provide information relating to their employment.

Still, there is a standard set of documents and information which are required in Indefinite Leave to Remain applications.

Your ILR document checklist is as follows:

• A passport or other valid travel document
• Information which details periods of absence
• Proof of English language ability (if applicable)
• Life in the UK test information
• A Biometric Residence Permit (if one has been issued to you)
• Accommodation information

Additional information and indefinite leave to remain documents which may be required includes:

• Financial information
• Birth certificates of any dependents if you are including them in your application
• A letter from a clinician if you have a long-term medical or physical condition
• Evidence which proves cohabitation (if the application is through the partner route)
• Police registration certificate (if you have been asked to register with the police)
• Documentation which details changes in circumstances

We will now go into greater detail about some of the required information and documents for ILR.

A Valid Passport

You need to provide your in-date, valid passport. Also, if you arrived in the UK under a different passport you will need to prove this too. And any other passports which you have held during your time in the UK will need to be provided as well.

Alternatively, if you do not have a passport and haven’t had one since you have been in the UK, you will need to provide a valid travel document of another kind.

Biometric Residence Permits

A Biometric Residence Permit is a form of identification which many people with leave to remain or further leave to remain have.

Typically, someone will need to provide their biometric information if they are staying in the UK for longer than six months. Those who provide their biometric information will receive a Biometric Residence Permit . If you have one, you will need to provide it when you apply for ILR.

Also, you will need to include the Biometric Residence Permits of any dependants included in your application.

Accommodation and Financial Information

You will need to provide details of your financial situation and information about your living arrangements.

If you are living in a property which you own or which is owned by yourself and/or your partner, you will need to provide title deeds or a letter from your mortgage provider.

If you are renting a property, a letter from a landlord should be included in your portfolio of documents.

If you are residing in accommodation which is owned or rented by your family or a friend, a letter from your family or friend stating that you are permitted to live there should be included in your application.

If you have received any benefits whilst you have been in the UK, you will usually need to include documentation showing this too.

Let our team of lawyers make this process easier for you. We can help with your IRL documents and application. Contact Us

Documents Relating to Periods of Absence

The key requirement of all with an Indefinite Leave to Remain application is the minimum residency period requirement.

You must have spent a specific amount of time living in the UK in order to be eligible, which is typically five years.

This period of time must be within a continuous period. ILR rules state that you cannot leave the UK for more than 180 days in a 12-month period during your qualifying residency period in the UK (unless there were exceptional circumstances).

Any time spent outside of the UK during your qualifying residency period is known as a period of absence.

You will need to provide documentation explaining your periods of absence. For example, if your period of absence was related to your employment, such as annual leave entitlement, you will need to include a letter from your employer explaining that your absence was in accordance with annual leave entitlement.

If your period of absence was due to compassionate reasons, you will need to provide a letter written by yourself which explains the reasons for your absence. You may need to provide additional documentation too.

If your periods of absence were due to compelling reasons, such as significant travel disruption caused by a natural disaster or conflict, you will need to provide information such as travel documents and letters from travel companies confirming the travel disruption.

Continuous Residency Documents

As well as providing information about any periods of absences from the UK, you will also need to include information which proves your residency in the UK. Usually this will include providing a tenancy agreement or mortgage statement, council tax bills and utility bills.

English Language Requirement

The English language requirement is another key component of ILR applications. You will need to demonstrate that your English language ability is at the level of B1 as set by the Common European Framework of Reference for Languages.

Most ILR applicants will need to take an English language test to prove their language ability. There are four SELT test providers, which are:

• Trinity College London
• IELTS SELT Consortium
• LanguageCert
• Pearson Education Ltd

There are centres located throughout the UK where you can take the English language test. In the past you were given a test pass certificate if you passed the test, which you would include in your portfolio of documents for your ILR application.

Nowadays you might just be given a unique reference number to quote in your application.

You do not need to take this test if you are from a majority English-speaking country. Also, you won’t need to take an English language test if you have graduated in a course taught in English at degree level or higher at an approved academic institution.

Other exemptions include:

• Those aged 65 or over
• Anyone suffering from a long-term physical or mental condition
• Adult dependant who is aged between 18 and 64
• Victims of domestic violence whose partner is a British citizen or has settlement status in the UK
• Partner or spouse of a person who has died who was a British citizen or had settlement status in the UK

Life in the UK Test

You need to achieve a pass in the Life in the UK test if you want to apply for ILR. The Life in the UK test is a series of multiple-choice questions based on the history, traditions and culture of the UK. You need to score at least 75% to pass the test.

If you pass the test, you will be given a pass certificate and/or possibly a unique reference number. You will need to include this information when you apply for Indefinite Leave to Remain.

Documentation to Show Changes in Circumstances

If your circumstances have changed significantly since you first entered the UK, you will need to provide certain information detailing these changes.

Changes which you need to highlight include:

• Changes related to marriage/civil partnership
• A change of name
• Children which have been born or you have become a legal guardian of

Do Documents Need to Be in Their Original Form?

In most cases, it is not strictly required that provided documentation is in its original form. You will be notified if the Home Office requires original documents. The one exception to this rule is passports, which will almost certainly need to be provided as the original.

Still, it is important to bear in mind that you may be asked to verify a document if the Home Office have any concerns about the information which you have been provided.

My Documents Aren’t in English. Is this a Problem?

UK immigration laws state that all information provided in immigration applications must be in English, Welsh or Scottish Gaelic.

You must provide translations of any information which is not in English, Welsh or Scottish Gaelic. The translations must be done by an accredited translator.

Note that you will need to include both the translated versions and the original versions.

Can you help with my Indefinite Leave to Remain Application?

Here at Birmingham Immigration Lawyers, we are passionate about the work we do. We can help you to prepare all your documents required for ILR with our application package.

One of our specialist immigration lawyers will provide the most up-to-date and accurate Indefinite Leave to Remain guidance for 2022 and support with your portfolio of evidence. They will take the time to understand your circumstances and prepare a document checklist for you, containing all the information which you will need to provide.

They will help you to source this information, before submitting it in its proper form to the Home Office, ensuring your documents adhere to all necessary administrative standards. They will also complete your Indefinite Leave to Remain application form and submit the full application to the Home Office.

We are confident in saying that we will maximise your chances of securing ILR status in the UK. We can also assist with British citizenship and British passport applications.

Call our friendly team now on 0121 667 6530 to find out more about our specialist ILR application package.

How long does it take to process Indefinite Leave to Remain in 2024?

Indefinite Leave to Remain processing times are considerably longer than the average UK visa processing times. Applicants can expect a decision to be made on their Indefinite Leave to Remain request within 3-6 months- however this is only for guidance, a decision could possibly be made sooner or later, depending on the volume of applications the Home Office is dealing with. You will receive a letter of confirmation once a decision is finalised.

How much is Indefinite Leave to Remain in 2024?

The fee for Indefinite Leave to Remain was increased by £15 in April 2022. ILR applicants were previously subjected to a cost of £2,389, but to apply now, the total cost amounts to £2,404.

How to check if I have Indefinite Leave to Remain?

You can check if you have Indefinite Leave to Remain by checking your passport for a no time limit stamp or an Indefinite Leave to Enter stamp. Alternatively, you may have obtained a Biometric Residence permit. Each of these documents are able to prove your Indefinite Leave to Remain status in the United Kingdom.

Which form do I need for Indefinite Leave to Remain application?

There are two forms to consider when applying for Indefinite Leave to Remain- Form Set (O) and Form Set (M). Which Form Set you complete will depend on your personal circumstances at the time of applying.

Form Set (O) is to be completed by those on certain types of visas or people applying under the ten year route. Some examples of visa holders that are to use this form include: Global Talent visa, Investor visa, Skilled Worker visa, or any other long-term visas.

Form Set (M) is to be submitted by those who wish to apply for ILR as the partner or parent/child of somebody who already has settled status in the UK.

It is important to ensure that you are submitting the correct form to avoid a delay or rejection of your application. If you need advice on which Form Set you need to fill out, you can speak to a trained immigration lawyer for expert advice and guidance.

Why does my Indefinite Leave to Remain have an expiry date?

UK immigration rules state that a person’s Indefinite Leave to Remain can expire if they have had a consecutive absence of at least two years from the UK. If you hold ILR and you have lived outside of the UK for two years or more, you Indefinite Leave to Remain status will automatically expire and you will no longer hold settled status in the United Kingdom.

What are the documents required for ILR 5 year route?

The documents needed for ILR 5 year route must be translated in English, Welsh or Scottish Gaelic and must meet the requirements for Indefinite Leave to Remain:

• Proof of income
• Proof of address
• Proof you’ve lived with your partner since you received your previous visa
• Proof of genuine relationship
• Proof that the English language requirements have been met
• Proof you have passed the Life in the UK test

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LETTER TEMPLATES FOR

INDEFINITE LEAVE TO REMAIN

(5-YEAR PARTNER ROUTE)

LETTER TEMPLATES

Our Professionally written Letter Templates will help you put together the essential Supporting Statements, Declarations or Consent letters for your ILR SET (M) Application .

Our Templates have been used in hundreds of successful client cases .

Each template has been designed to:

• Include all of the  critical details that are relevant to your case
• Provide  suggestions on what to include  in your letter
• Easily fill in your and/or your sponsor's personal information

Letter Templates Available:

Cover Letter Templates (Applying WITHOUT Children)

Cover Letter Templates (Applying WITH Children)

Employment & Family / Friend Letter Templates

Accommodation Letter Templates

Cash savings declaration templates.

Cover Letter & Sponsor Letter of Support Templates (Single Applicant Only)

Our Cover letter Templates will help you to summarise your case and breakdown how you satisfy  all the requirements  for your/your partner's ILR application(s).

Each Template has been crafted specifically for the type of UK Partner you/your partner is applying as and lays out the critical information you need to provide to the Home Office Case Worker who will be assessing your case.

Applicant Cover Letter &

Sponsor Letter of Support Templates

(ILR Set M Application for Spouse / Civil Partner)

£24.97 £40

(ILR Set M Application for Unmarried Partner)

Family/Friend

Letter of Support Template

(for all UK Partner Visa/Settlement Applications)

£9.97 £25

Cover Letter & Sponsor Letter of Support Templates (Applying With Children)

These Cover Letter Templates can be used for either scenario where the Sponsor's biological child(ren) and/or non-biological / step-child(ren) will also be applying with the main Applicant as dependants.

*Applying with Children

£29.97 £40

A VAILABLE SOON!

Employment Letter & Family / Friend Support Letter Templates

Our Employer Letter Templates lay out the specific details that must be provided about the Applicant's or Sponsor's employment when relying on this income source to meet the immigration rules .

In the scenario where the Applicant / Sponsor has been working for their current employer for less than 6 months , a letter from their previous employer(s) will also need to be submitted.

Letter from Current Employer Template

(Can be used for either the Sponsor or the Applicant)

Letter from Previous Employer

Letters of Support from Family members/Friends can act as further proof that your relationship is genuine and subsisting .

Our Accommodation Letter Templates will help you with put together the consent letter you will need when the Applicant will be living with their partner either:

• at an accommodation that the Sponsor privately rents (Applicant is not yet on the Tenancy Agreement)
• at a property owned by family relatives/friends

Landlord / Lettings Agent

Consent Letter Template

(for Applicants already living at the rental property / in the UK)

Family / Friend Accommodation

(for Applicants already living at the property / in the UK)

£11.97 £27

These Templates lay out what you need to include in your Cash Savings declaration (of where your funds originate from) when relying on this income source to meet the immigration rules .

Each Template has been crafted specifically for the type of funding source(s) your Cash Savings are made up of .

Cash Savings Declaration  Template

(ILR Set M - Savings from Salary Income)

Cash Savings Declaration Template

(ILR Set M - Family/Friend Cash Gift)

(ILR Set M - Proceeds from Sale of Property)

(ILR Set M - Inheritance)

(ILR Set M -  Asset/Investment Portfolio Liquidation)

How Clients Rate Our Visa & Settlement Letter Templates

Other Services you may be interested in:

Fully Tailored Document Checklists

Visa Application & Document 

Checking Service

Full Legal Representation

Frequently Asked Questions about the Letter Templates

Who are these for?

Depending on your and/or your partner's circumstances, you may need to provide declaration, consent or other letters of support with your application.

These templates will save you and your partner’s time, and provide full peace of mind that you worded and structured the letter(s) to satisfy the Immigration Rules.

Are they appropriate for me and/or my partner?

These templates are designed to assist those who want to complete their ILR Set M application process themselves, but need to know how to put together supporting/consent letters to address specific aspects of the application, for example, if you are/will be living in your family or friend's accomodation,  or you will be relying on savings to meet the financial requirement.

How do we use the letter templates?

The letter templates have been designed so that it is easy to incorporate your personal information.

Much of the critical detail will already be laid out, and where you should enter/confirm further info will be clearly marked in each template.

For example:

Sponsor's Name  has been employed by Company Name  as a Job Title since DD/MM/YYYY .   His/Her salary is £ XX,XXX per annum, and he/she has been paid this level of salary since his/her employment commenced.

Is there a the Money Back Guarantee?

No, Refunds are not available for our Letter Templates, once you have downloaded them. 

The onus will be on you: 

• To decide and purchase the correct template(s) that is/are appropriate to your case
• Include the correct/relevant information in your actual letter(s). The templates only provide the structure and suggestions of the wording to use in your respective letter.

How Long will it take to receive my Template?

Immediately after purchase. Each template is a Word Document which comes in a downloadable Zip file.

If I buy a Template, am I allowed to ask you questions about my application?

No, if you would like specific advice about your Visa application, I also offer a 25 or 45 minute consultation service which you can book here .

What format will the letter templates be in?

They will all be in Microsoft Word format packaged together in a Zip file.

Is there a discount if I buy several templates together

No. We have made each individual template as affordable as possible.

If you are looking for a more comprehensive template bundle, you may wnat to consider our ' Tailored Checklist and Letter Templates Pack ' HERE

Related Articles

How to Prepare and Organise your Visa Documents like a Legal Professional

What Letters do I need to include with my UK Visa Application?

What Documents do I need for ILR Set M?

CONNECT WITH US

Melanie Wong c/o M Wong Advice Ltd

Expert Immigration Advice UK is the trading name of M Wong Advice Ltd which is an OISC regulated immigration law firm. 

Company Number: 12773362,

OISC Registration Number : F202309023

Registered Company Address:

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The Right to Remain Toolkit

A guide to the uk immigration and asylum system.

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Immigration

• Visas: apply for permission to enter or stay in the UK
• Applying to Stay in the UK Because You’ve Lived Here a Long Time
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• Human rights: family and private life (Article 8)
• EEA Nationals (also known as EU nationals)
• After a Home Office refusal (immigration cases)

Applying to Stay in the UK Because You’ve Lived Here a Long Time

Last updated: 19 February 2024

This page looks at applying to stay in the UK based on the length of time you have already spent in the UK. These applications for the right to remain are known as ‘long residence’ applications.

On this page you will find the following information: 

• The immigration rules on long residence
• Continuous residence
• ACTION SECTION: Gathering evidence to prove long residence

Suitability criteria and exclusions

• Application fee

If your application is successful

If your application is refused, the immigration rules.

The immigration rules allow people to apply for leave to remain (this is permission to stay) in the UK if:

• you are between 18 and 24 years old and you’ve lived continuously in the UK for more than half your life
• you are under 18 and you’ve lived in the UK continuously for at least seven years , and it would be ‘unreasonable ‘ to expect you to leave the UK. See our If You Have Children page for more information.
• you are 18 years old or over and you have spent less than 20 years in the UK and would face very significant problems living in the country you’d have to go to if not allowed to stay in the UK.
• you are 25 years old or over and you have lived in the UK continuously for 20 years . For more details on this route, see the section below.

These applications under the immigration rules based on the length of time in the UK are considered to be ‘ private life ‘ applications. If you do not meet these immigration rules, it may be possible to apply to stay on the basis of your human right to your private life in the UK outside of these rules , but it is difficult to succeed in applications outside of the rules. Read more on the Human Rights page of this guide .

The Home Office guidance on private life applications says that ‘very significant’ problems in the country you’d have to go to must go beyond the ‘usual obstacles’ someone faces when they move to another country. They give examples of ‘usual’ (not very significant) obstacles such as: having to learn a new language, or needing to find a job. On the Home Office website information about these applications, the example they give of a ‘very significant problem’ is if you do not speak the language and could not learn it .

20 years’ long residence rule

Previously the immigration rules allowed you to apply for Indefinite Leave to Remain if you could show you had been in the UK continuously for 14 years – including if some or all of that time was without leave to remain.

The immigration rules now require 20 years’ continuous residence if some or all of that residence was not ‘lawful ‘ – because you did not have leave to remain. 

The requirements under the 20 year rule are as follows: 

• You must apply using the correct application form
• You must make a valid application for leave
• You must not be refused under the ‘suitability requirements’
• You must have lived in the UK continuously for at least 20 years

The 20 year long residence rule does not lead directly to settlement, but it allows you to enter the 10 year route to settlement. This means if your application is successful using the 20 year rule, you will be granted leave to remain for 2.5 years, and will then need to have four periods of this on the 10 year route before applying for Indefinite Leave to Remain .

This route is for people over the age of 25. If you are younger than 25 years old, see the rules regarding young people above, and the rules regarding leave to remain based on the rights of a child here .

Continuous Residence

‘Continuous residence’ means you have been living in the UK without significant breaks. 

You may ‘break’ continuous residence in a number of ways, including: 

• If you are away from the UK for longer than 6 months 
• If you are away from the UK for a total of 550 days in the 20 years
• If you are deported during  the 20 year period
• If you leave the UK in circumstances which mean you cannot return lawfully

Time spent in prison cannot be counted towards the 20 years spent in the UK, but does not break the period of continuous residence (you can use the time you spent in the UK before you were in prison, and add it to time spent in the UK after release from prison).

How to prove long residence 

In order to apply using the 20 year long residence rule, you will need to prove your residence in the UK. In order to do this, you need to find evidence which shows you have been living in the UK continuously for 20 years. 

Home Office guidance says that they expect to see evidence that covers every 12 month period of the 20 years . Although this is not what the law says, if you cannot provide evidence that covers every year of the 20 years, the Home Office is likely to refuse your application. However, a judge may make a different decision if you appeal the refusal.

It can be difficult to prove evidence of 20 years’ continuous residence if you have spent time without regular immigration status. You may not have had formal accommodation or income which can make it hard to provide a record. 

The Home Office prefers official documentation proving your residence in the UK, but you may not always be able to get this. Think about who could provide witness statements to evidence your presence in the UK, and think about how you could prove your time spent in the UK.

ACTION SECTION: Gathering evidence to prove long residence in the UK

• Passports: Current and expired, including any passports, ID cards or visas you used to enter the UK.
• Official letters : Try to find official documents such as employment contracts, payslips, letters from HMRC, letters from landlords, bank statements which are addressed to you and have your date and address.
• Medical records : Do you have medical records (doctor, dentist, hospital visits, clinics)? These will have dates and evidence of your location. 
• School/educational records . If you attended school or another educational institution, try to gather records of your attendance. Maybe you have a certificate for a course you attended which you could use.
• Bills : Even if you didn’t have a bank account, you may have paid for utilities (phone, internet, gas) with cash. Any receipts or payment records with your name and address can be helpful.
• Community involvement : Participation in community organizations, religious institutions, or volunteering activities can be used to show your residence, such as membership rolls, attendance lists, or photos.
• Charities: If you attended any charities for support, you can try contacting them for proof of your attendance. 
• Perhaps you had contact with social services , and they have proof of your contact with them.
• Witness statements : Statements from individuals who can independently verify your residence in the UK throughout the years, with specific details and dates. This may be from family or friends.
• Digital footprint: If you used any online services or social media while in the UK, timestamps and location data could be used to show your location.
• If you are having difficulty proving residence for some years, consider doing a Subject Access Request . This is a request to see personal information that is held by an organisation or body, for instance the Home Office. It usually takes some time until the information is returned to you, but it may bring up some additional evidence. For example, if you were reporting at the Home Office reporting centre, this would come up in a Subject Access Request. 
• If you have a criminal record, maybe you can request a police record (PNC) . This can be used to confirm dates of your residence and is a good way to preempt (this means to take action to prevent) any grounds for refusal. 

There are ‘suitability’ requirements to meet the criteria for a private life application. This means that the Home Office might refuse your application if the following apply to you: 

• You have a criminal conviction which led to a sentence of more than 12 months
• The Home Office has evidence relating to your ‘bad character’, possibly regarding other immigration applications
• You have unpaid NHS debts

If any of the above apply to you, it is a good idea to provide additional evidence. This may help in pre-empting a refusal on suitability grounds.

It is also possible to apply ‘outside of the rules’ in long residence/private life applications if you cannot meet the suitability requirements, but it is harder to succeed in applications outside of the immigration rules. Read more on the Human Rights page of the Toolkit .

Making an application

You can find the online ‘private life’ application form and guidance notes for this application on the Home Office website here .

To make an application on this route, you will need to attend a biometrics appointment . 

The Home Office website provides a list of the basic information and documents you will need to provide with the application. Read it here . You are likely to need to provide more evidence than this. For example, if you are applying on the basis of how long you have been in the UK, you will need to provide strong, independent evidence proving this. 

If you are applying on the basis that you would face ‘very significant obstacles’ in the country you would be removed to, you will need to provide strong evidence to support this.

Application Fee

There is a fee for the application. To find out how much you will need to pay for yourself and any dependants, read the latest Home Office guidance on UK immigration and nationality fees.

You will need to pay the immigration health surcharge as part of this application, unless you fall into one of the exempt categories. To find out more about the immigration health surcharge, see here .

If you are destitute or if you cannot afford to pay the application fee and health surcharge, you can apply for a fee waiver. You can also apply for a partial fee waiver for some of the fees. See our blog about applying for a fee waiver here .

If you are successful in your application, you will be granted 2.5 years’ leave to remain . This is not settlement in the UK, but it is permission to stay in the UK, and a potential path to settlement.

You must apply to renew your leave to remain before it runs out. If the renewal is successful, you will be granted another period of 2.5 years’ leave to remain.

After ten years – that is, 4 rounds of renewal of  2.5 years’ leave to remain – you will be able to apply for Indefinite Leave to Remain (also known as ‘settlement’ in the UK).

In October 2021, the Home Office announced a concession through which they may reduce the period of leave to remain from ten years to five years for people with leave under the “18-24 years old, more than half of your life in UK” rule. Read more here .

Your leave will usually have a No Recourse to Public Funds (NRPF) condition attached to your leave to remain, which means you will not have access to public funds such as welfare benefits or homelessness support while you have these time-limited periods of leave to remain. You would need to demonstrate exceptional circumstances in order to have this ‘no recourse to public funds’ restriction lifted. Read more about applying to have your NRPF condition lifted here .

If your application is refused, you may have the right to appeal the decision.

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Leave to Remain in the UK (Apply to Settle)

Anne morris.

• 2 July 2023

IN THIS SECTION

Leave to remain is the permission granted to non-UK nationals to stay in the UK for a limited period of time. After a qualifying period of residency in the UK, you may then become eligible to settle and apply for indefinite leave to remain .

What is limited leave to remain?

Limited leave to remain refers to the status of UK visa holders who have been approved to enter the UK and to remain here until their visa expires. Under limited leave to remain, you will have to meet the conditions of your visa throughout your stay, such as having a valid certificate of sponsorship if you have a  Skilled Worker visa , and having no recourse to public funds while in the UK.

Limited leave to remain requires you to depart the UK at the end of the specified visa period, or to make a further application to the Home Office to retain lawful status. Depending on your circumstances and eligibility, this could mean applying for a visa extension , further leave to remain or indefinite leave to remain.

What is indefinite leave to remain?

While holders of certain visa types, such as visitors or short-term students, will be expected to eventually return home, some categories of limited leave may lead to settled status in the UK. Settled status gives the holder permission to stay in the UK on a permanent basis. This is known as indefinite leave to remain  (ILR).

Note that ‘settled status’ with ILR is different to the EU settlement scheme for EEA nationals in the UK.

Individuals with ILR are not subject to immigration restrictions in the UK. You can leave and enter the UK at will. ILR does not expire, unless you have been  absent from the UK for more than two years .

If you hold ILR status, you may also become eligible to certain entitlements, such as welfare benefits and tax credits. The exception is if your right to remain was awarded as a result of another person formally agreeing to maintain and accommodate you. In this case, you will be excluded from some benefits for five years.

What is the difference between limited, further and indefinite leave to remain?

Limited leave to remain allows you to stay in the UK for a specified period of time, while indefinite leave to remain will provide you with permission to permanently live and work in the UK. There are, however, other differences that go beyond time restrictions.

Limited leave to remain is usually granted on the condition that you maintain and accommodate yourself, and any dependants , without recourse to public funds. This means that for the duration of your stay in the UK you are likely to be excluded from any welfare benefits, as well as most forms of local authority housing and homelessness assistance.

As the holder of limited leave to remain, other conditions may also be imposed as part of your permission to remain in the UK including, for example, a condition restricting your employment or your studies.

In contrast, ILR holders will be free from immigration restrictions, and will broadly have the same rights and entitlements to services and welfare benefits as a UK citizen.

Furthermore, having held indefinite leave to remain for an additional qualifying period, an applicant with settled status may be eligible to apply for British citizenship by way of naturalisation.

FLR, which stands for ‘Further Leave to Remain’, refers to someone applying to extend their stay in the UK by, for example, extending their existing visa.

What categories of leave are available?

There are several different categories of leave to remain depending on your eligibility and why you want to come to or stay in the UK. The main immigration routes for individuals wanting to work, train or study in the UK are under the points-based system and include:

• Previously known as the Tier 1  visas, there are new routes for start up entrepreneurs and established, ‘innovator’ business owners.
• Work sponsorship visas such as the Skilled Worker visa and Intra-Company Transfer visa for skilled workers with a job offer in the UK.
• Global Business Mobility visas for workers with an overseas employer coming to the UK for a specific purpose.
• Global Talent visa for those with exceptional talent or promise in their field.
• High Potential Individual visa for graduates of certain non-UK universities.
• Student visa  for international students.
• Graduate route for non-UK graduates of UK universities.
• Temporary work visas & schemes for specific sectors and younger workers.

Other categories of leave to remain may also be available to you depending on your circumstances, such as applying as a points-based dependant visa or a family, partner or spouse visa.

Am I eligible to apply for leave to remain?

To be eligible to apply for limited leave to remain, you must meet the full requirements  under the Immigration Rules and those required for the visa you are applying for. For points-based visas, this will mean accruing the minimum number of points determined by your particular visa category.

For example, you will be required to satisfy both an English language and maintenance requirement:

• The English requirement – unless you are a national of a majority English-speaking country, typically you will need to satisfy the Home Office of your knowledge of English. You will either need to provide evidence of an academic qualification that was taught in English and is recognised as being equivalent to a UK bachelors degree, masters degree or PhD, or you will need to pass an approved English test .
• The maintenance requirement – you will also need to satisfy the Home Office of your ability to accommodate and support yourself on arrival in the UK. Here, you will either need to prove that you have a certain amount of personal savings in your bank account for a specified number of days before you apply, or have your work sponsor guarantee financial support on your behalf.

To be eligible for indefinite leave to remain, applicants must have resided in the UK for a qualifying period of time. The length of qualifying time will depend on an applicant’s existing immigration category and ability to meet all other relevant rules in place. In most cases, applicants will also be required to demonstrate their knowledge of English language and life in the UK .

When can I apply for further leave to remain?

If you are applying for further leave to remain you should do so prior to expiry of your existing permission to stay. It is an offence for any holder of leave to remain to ‘overstay’ and knowingly stay in the UK beyond the time limit permitted by their visa. It is also an offence to fail to comply with a condition or requirement imposed as part of your permission to be in the UK.

By staying beyond the expiry of your visa, or otherwise breaching your leave to remain conditions, you will be at risk of removal from the UK, refusal of further leave or even criminal prosecution. Both these types of offences are punishable by way of a fine or a term of imprisonment.

If, on the other hand, you submit a valid application prior to the expiry of your existing leave, the terms and conditions of that leave will continue until a decision is made on your application for further leave to remain.

How do I apply for limited leave to remain?

How you submit your application for leave to remain will depend on whether you are applying from outside or within the UK. In most cases, you will submit your application online.

If you are applying from within the UK, in most cases you will need to attend a UKVCAS centre. The purpose of a leave to remain interview is for the Home Office to request further information, verify facts or documentation and check that you meet all of the visa requirements. For some visa categories, fast tracked processing is available for an additional charge.

The visa processing times for leave to remain applications can vary dramatically and guidance should be sought at the time of making your application for your specific visa category.

There are a number of practical considerations when applying for leave to remain, from how much the visa application fee is and which supporting documents you will need to provide, to what questions you may be asked during interview.

When applying for leave to remain, reference should always be made to any specific Home Office guidance relevant to your visa category, in conjunction with the relevant provisions of the Immigration Rules . However, these provisions are subject to constant change and expert legal advice from an immigration specialist may be required.

Indefinite  leave  to remain after 10 years’ long residence

Another way to qualify for ILR is through the long residence route . If you have at least 10 years of continuous, lawful residence, you may be eligible to settle. In addition to being able to prove 10 years of unbroken status in the UK, you will also need to show you meet the English language and life in the UK test , and that there are no general grounds to refuse your application, such as a criminal record or past breaches of the Immigration Rules.

Need advice?

DavidsonMorris are specialists in UK immigration , working closely with individuals to provide guidance and support through Home Office applications including all types of leave to remain and Indefinite Leave to Remain applications. Contact us for specialist advice.

Leave to remain FAQs

What is the meaning of leave to remain.

When you are first granted a visa, this will come with permission to enter the UK for a specified period of time. You will have to leave the UK before this visa expiry, unless you apply for further leave to remain. After a qualifying period in the UK with lawful status, you may become eligible for indefinite leave to remain.

Is there a difference between leave to remain and indefinite leave to remain?

Leave to remain means you have permission to stay in the UK for a specific period of time and your activities are limited to the restrictions of your visa. Indefinite leave to remain is where you have permanent lawful status in the UK as a settled person, and you are no longer subject to immigration control.

How much is it to apply for leave to remain?

Applications for leave to remain are £1033, and the ILR application fee is £2404.

Can I apply for leave to remain in the UK?

Depending on your visa category, you may be able to apply for further leave to remain by extending your visa or switching to a different visa category. If you have been in the UK for five years, or the relevant qualifying period under your visa, you may be eligible to apply for indefinite leave to remain.

Last updated: 2 July 2023

Founder and Managing Director Anne Morris is a fully qualified solicitor and trusted adviser to large corporates through to SMEs, providing strategic immigration and global mobility advice to support employers with UK operations to meet their workforce needs through corporate immigration.

She is a recognised by Legal 500 and Chambers as a legal expert and delivers Board-level advice on business migration and compliance risk management as well as overseeing the firm’s development of new client propositions and delivery of cost and time efficient processing of applications.

Anne is an active public speaker, immigration commentator , and immigration policy contributor and regularly hosts training sessions for employers and HR professionals

• Anne Morris https://www.davidsonmorris.com/author/anne/ Temporary Worker Sponsor Licence Guide UK
• Anne Morris https://www.davidsonmorris.com/author/anne/ UK Innovator Founder Visa 2024 Guide & Requirements
• Anne Morris https://www.davidsonmorris.com/author/anne/ UK Certificate of Sponsorship Guide 2024
• Anne Morris https://www.davidsonmorris.com/author/anne/ How to Apply for a UK Sponsor Licence

About DavidsonMorris

As employer solutions lawyers, DavidsonMorris offers a complete and cost-effective capability to meet employers’ needs across UK immigration and employment law, HR and global mobility .

Led by Anne Morris, one of the UK’s preeminent immigration lawyers, and with rankings in The Legal 500 and Chambers & Partners , we’re a multi-disciplinary team helping organisations to meet their people objectives, while reducing legal risk and nurturing workforce relations.

Legal Disclaimer

The matters contained in this article are intended to be for general information purposes only. This article does not constitute legal advice, nor is it a complete or authoritative statement of the law, and should not be treated as such. Whilst every effort is made to ensure that the information is correct at the time of writing, no warranty, express or implied, is given as to its accuracy and no liability is accepted for any error or omission. Before acting on any of the information contained herein, expert legal advice should be sought.

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Indefinite Leave To Remain (UK Settlement)

Uk indefinite leave to remain.

Indefinite Leave to Remain (ILR) is a type of permanent residency in the UK that grants non-British citizens the right to live, work, and stay indefinitely. While most applicants need five years of UK residency, some qualify sooner.

Want to explore your ILR options? Contact Axis Solicitors for expert guidance.

Indefinite Leave to Remain (ILR)

Indefinite Leave to Remain (ILR) is a highly sought-after immigration status in the United Kingdom, granting non-British citizens the freedom to live, work, and study in the country without time constraints. 

To qualify for ILR, most applicants need to have lived in the UK for at least five years. However, in certain cases, you can apply after three or even two years of continuous residence. Various visa categories can lead to ILR, including Spouse Visas, Innovator Visas, and Skilled Worker Visas.

Obtaining ILR is significant as it offers the freedom to reside and work in the UK indefinitely, free from immigration control, and is the pathway to becoming a British citizen. It also enables eligible family members to join them in the UK. However, the path to obtaining ILR is not without its challenges.

The application process requires extensive documentation to prove eligibility. The requirements for ILR are stringent, and interpreting them within the context of individual circumstances can be difficult without prior experience. Errors or omissions in the application can lead to refusal, resulting in significant financial loss and dashed hopes.

Given these considerations, seeking professional guidance from an immigration solicitor can ensure your application has much better chances of a successful outcome.

Advantages of Indefinite Leave to Remain (ILR)

Obtaining Indefinite Leave to Remain (ILR) in the UK offers a multitude of benefits, providing individuals with enhanced security, stability, and access to various services.

Unrestricted Residency

ILR holders gain the right to live in the UK indefinitely without any time limitations, fostering a sense of permanence and belonging.

Unrestricted Employment

ILR grants unrestricted work authorization, eliminating the need for separate work permits and removing any restrictions on the type of work or working conditions. This empowers individuals to pursue diverse career paths and even establish their own businesses.

Access to Public Services

ILR holders enjoy equal access to the National Health Service (NHS) and other public services, ensuring comprehensive healthcare, social support, and other essential benefits.

Educational Opportunities

Equal access to education is also granted, enabling ILR holders to enrol in state schools and universities, potentially with access to student loans and grants.

Family Benefits

Children born to ILR holders in the UK automatically acquire British citizenship. Additionally, ILR holders can sponsor eligible family members to join them in the UK.

Pathway to Citizenship

Perhaps most notably, ILR serves as a crucial stepping stone towards British citizenship, allowing individuals to eventually apply for naturalisation after fulfilling the necessary residency requirements.

In conclusion, ILR is a valuable immigration status that provides numerous advantages and opportunities for individuals seeking to build a life in the UK. It not only grants the freedom to live and work without constraints but also opens doors to various public services, educational opportunities, and family benefits. Ultimately, ILR can pave the way for a future as a British citizen, solidifying one’s place in UK society.

Requirements and Eligibility

Securing Indefinite Leave to Remain (ILR) in the UK is a significant milestone for many immigrants, providing a pathway to permanent residency and, eventually, British citizenship. The fundamental requirement is to have lived lawfully in the UK for a continuous period, typically five years. 

In addition to this, applicants must meet the following general criteria:

• Continuous lawful residence: Maintain legal residency in the UK for the required duration, usually five years, without violating immigration laws or having a criminal record.
• Limited absences: Ensure absences from the UK do not exceed 180 days in any 12-month period during the qualifying period.
• Pass the “Life in the UK” test: Demonstrate knowledge of British culture, history, and traditions by passing a standardised test.
• English language proficiency: Prove sufficient English language skills by meeting the B1 level as defined by the Common European Framework of Reference for Languages.

Note that additional requirements may apply depending on the specific visa route and individual circumstances. For example, some applicants may need to meet financial or employment-related criteria.

To get the most accurate and up-to-date information regarding your eligibility for ILR, it is recommended to seek guidance from an immigration solicitor.

ILR Exemptions

There are categories of individuals who are not required to apply for Indefinite Leave to Remain (ILR) to obtain settled status in the UK. 

These exemptions include:

• Eligibility for British citizenship by descent or other automatic means: If you are eligible for British citizenship through ancestry or other automatic routes, you may not need to apply for ILR.
• Child dependents of British citizens or settled persons: Children who are dependents of British citizens or individuals with settled status are typically exempt from applying for ILR.
• Adult dependents requiring long-term care: Adult dependents who rely on the long-term care of a British citizen or settled person may also be exempt.
• Refugees resettled through the Gateway Protection Program: Refugees who have been resettled in the UK under this program are granted settled status without needing to apply for ILR.

It is important to note that these are just a few examples, and other exemptions may apply depending on individual circumstances.

Routes to Indefinite Leave to Remain in the UK

Receiving Indefinite Leave to Remain (ILR) is a major milestone for those seeking permanent residency in the UK. If you have been lawfully residing in the UK under a settlement visa, you may be eligible to apply for ILR once you meet the required residency period for your specific visa category. Additionally, applicants may need to satisfy a number of other requirements.

Visa Categories Leading to Indefinite Leave to Remain

• Spouse Visa
• Unmarried Partner Visa
• Family Visa
• Global Talent Visa
• Innovator Founder Visa
• Skilled Worker Visa
• Sportsperson Visa (T2)
• Minister of Religion Visa (T2)
• Senior or Specialist Worker Visa
• UK Ancestry Visa
• Retired Person Visa
• Long Residence
• Returning Resident

Non-Traditional Routes to ILR

In some cases, individuals may qualify for ILR through non-traditional routes that do not require holding a specific visa.

Guidance for Your ILR Application

At Axis Solicitors, we offer expert guidance to help you ensure compliance with all relevant criteria and prepare your application to significantly enhance your chances of approval.

Contact us for a free initial consultation and let our experienced immigration solicitors assist you with getting your Indefinite Leave to Remain in the UK.

ILR Qualifying Period Requirements in 2024

The requirements for Indefinite Leave to Remain (ILR) in the UK vary depending on the applicant’s visa category and circumstances. 

Domestic Worker in a Private Household

• Qualifying Period : 5 years of continuous lawful residence.

Tier 1 Entrepreneur Route

• Status : Closed as of 29 March 2019.
• Qualifying Period : Existing visa holders can apply for ILR after 3 to 5 years, depending on business activities and achievements.

Tier 1 Investor Route

• Status : Closed as of 17 February 2022.
• Qualifying Period : Existing visa holders can apply for ILR after 2, 3, or 5 years, depending on their level of investment.

Retired Person of Independent Means

Ilr after 5 years continuous period.

In most cases, non-EEA residents can apply for ILR after 5 continuous years of lawful residence in the UK. Typically, the following visa holders can apply for ILR after five years:

• Skilled Worker Visa (formerly Tier 2)

Contact us for detailed guidance on these visa categories.

ILR with Less Than 5 Years of Residency

Certain visa categories allow for an accelerated pathway to ILR, requiring less than 5 years of residence:

• Qualifying Period : 3 years for those endorsed as exceptional talents.
• Qualifying Period : 3 years, depending on business achievements.
• Qualifying Period : 4 years of service.

ILR after 10 Years Long Residency

Applicants can apply for ILR after 10 years of continuous lawful residence in the UK. The requirements include:

• 548-Day Absence Limit (Before April 11, 2024): Total absences from the UK cannot exceed 548 days within the entire 10-year period, and no single absence can exceed 184 days.
• 180-Day Rolling Absence Limit (After April 11, 2024): Applicants cannot have been absent from the UK for more than 180 days in any rolling 12-month period. This means any 12-month window within your 10-year qualifying period.
• Home Office Discretion : May be exercised for absences exceeding this limit.

In certain cases, the Home Office can exercise discretion if the absences exceed 540 days. It is advisable to seek legal advice in such circumstances to understand the potential impact on the application

If your application for Indefinite Leave to Remain is due and you have exceeded the number of days you were allowed to remain outside the UK (under 10 years long residence), contact our legal team at Axis Solicitors to discuss your circumstances in detail.

Other Considerations

• Continuous Residence : Time spent in the UK must be lawful and under a valid visa. Breaks in residence or changes in visa status can impact eligibility.
• Specific Requirements : Certain visa categories may have additional criteria, such as financial thresholds or specific endorsements.

For the most accurate and up-to-date advice tailored to your specific circumstances, contact our legal team at Axis Solicitors.

Supporting Documents, Forms & Fees

Supporting documents for ilr.

To apply for Indefinite Leave to Remain (ILR), you must submit several supporting documents, both for yourself and any dependents included in your application. These documents must be original; however, if originals are unavailable, you can provide a clear explanation. In exceptional cases, the Home Office may accept alternative evidence.

Essential Documents

• Passport and Travel Documents: Include your current passport and any previous passports valid during your UK residence.
• Birth or Adoption Certificates: Provide proof of your identity and relationship to dependents.
• Proof of Absences: Submit documents accounting for any time spent outside the UK during your qualifying period, such as travel itineraries or tickets.
• Police Registration Certificate (if applicable): If you were required to register with the police upon arrival in the UK, include the certificate.
• Immigration History: Provide a comprehensive record of your immigration history in the UK.
• Financial Information: Submit bank statements or other financial documents to demonstrate your ability to support yourself and any dependents.
• Life in the UK Test Pass Certificate: Include the certificate as proof of passing the mandatory test.
• English Language Proficiency Certificate (if applicable): If not exempt, provide a certificate demonstrating B1 level English language proficiency.
• Passport-Sized Photographs: Submit two identical passport-sized photographs.

Application Forms

• Form Set (O): Used for most ILR applications, including those under work visas, UK Ancestry visas, and others.
• Form Set (M): Specifically for ILR applications based on being a partner or parent of a settled person in the UK.

Processing Times and Fees

• Standard processing time is typically six months.
• The ILR application fee is £2,885, with additional charges for priority or super priority processing.
• Biometric information registration costs £19.20.
• Dependants must each pay the full application fee.

Please note that this information is a general guide. Specific requirements may vary depending on your individual circumstances and visa category. Seeking advice from an immigration solicitor is strongly recommended for accurate and up-to-date guidance.

English Language Requirements for ILR

Demonstrating english language proficiency.

To qualify for Indefinite Leave to Remain (ILR) in the UK, applicants typically need to demonstrate English language proficiency at the B1 level in speaking and listening, as per the Common European Framework of Reference for Languages (CEFR).

Providing Proof of Proficiency

Most applicants must provide evidence of their English language proficiency by submitting a certificate from an approved test provider or presenting online test results as part of their ILR application.

Exemptions from the English Language Requirement

Certain individuals are exempt from this requirement, including:

• Citizens of Majority English-Speaking Countries : This includes nationals of countries such as Antigua and Barbuda, Australia, The Bahamas, Barbados, Canada, Grenada, Jamaica, New Zealand, Ireland, St Kitts and Nevis, St Lucia, St Vincent and the Grenadines, Trinidad and Tobago, and the USA.
• Applicants Aged 65 or Over
• Holders of English-Taught Degrees : Individuals with degrees or higher qualifications from accredited institutions.
• Individuals Under Humanitarian Protection
• Victims of Domestic Abuse
• Partners or Spouses of Deceased British Citizens or Settled Persons

If you fall into any of these categories, you may not be required to take the English language test.

Considerations

It is essential to recognise that exemptions and specific requirements can vary based on individual circumstances and visa categories. For the most accurate and current information contact our Immigration Solicitors at Axis Solicitors for a free initial consultation.

Absences From the UK and ILR Eligibility

To be eligible for Indefinite Leave to Remain (ILR), you must not have spent more than 180 days outside the UK in any 12-month period during your qualifying residency.

However, certain absences may be considered permissible and not count against the 180-day limit. 

These include:

• Conflict-related absences: Periods spent outside the UK due to conflict or war.
• Serious illness or family emergencies: Absences due to your own serious illness or that of a close family member.
• Natural disasters: If you were forced to leave the UK due to a natural disaster.
• Skilled Worker Visa holders in PhD-level occupations: Absences for work-related purposes if you are a Skilled Worker Visa holder sponsored for a PhD-level role.
• HM armed force reserve members: Certain overseas work undertaken by full-time reserve members.
• Global Talent Visa holders: Some absences may be permitted under specific circumstances.

It is advisable to maintain detailed records of all your absences from the UK during your residency, including purpose and duration. This documentation can be crucial in demonstrating that your absences fall under permissible categories and do not affect your ILR eligibility.

If you have exceeded the 180-day limit in any 12-month period, it is essential to consult an immigration advisor to assess your options and determine if any exemptions or waivers may apply to your case.

New 10-Year Route Absence Rules (2024)

The UK Home Office has updated its guidance (July 9, 2024) on the 10-year Long Residence route to Indefinite Leave to Remain (ILR). These changes impact how absences from the UK are calculated for those seeking ILR, especially for individuals whose qualifying period includes time before and after the rule changes implemented on April 11, 2024 .

Key Changes

Transitional arrangements and record-keeping.

The updated guidance clarifies how these rules apply if your qualifying period spans both pre- and post-April 11, 2024. It is essential to carefully track your absences to ensure compliance.

Who is Affected?

These changes are particularly important for individuals who:

• Have been in the UK on various visas (such as student visas)
• Have accumulated enough residency to be eligible for ILR through the Long Residence route

Legal Advice

UK immigration law is complex. If you are considering applying for ILR through the 10-year route, we strongly recommend consulting with experienced immigration solicitors. For comprehensive legal assistance and personalised advice on your ILR application, please contact our team for a free initial consultation.

180 Days Limit for Settled Workers

As per the latest UK immigration policies, workers applying for Indefinite Leave to Remain (ILR) must ensure their absences from the UK do not exceed 180 days in any 12-month period. This regulation, effective from 11 April 2024, applies to all qualifying periods. Absences must align with the initial purpose of the stay, and short trips outside the UK during weekends or non-working days do not break the continuity of residence .

UK Annual Paid Leave for Settled Workers

Settled workers in the UK are entitled to a statutory leave of 5.6 weeks, equating to 28 days for those working a five-day week. Employers often provide 25 to 30 days of paid leave annually, which may include National Bank Holidays. For ILR applications, it is mandatory to submit a letter from the employer confirming that the paid annual leave aligns with UK statutory entitlements. This letter should also outline the worker’s normal working pattern and verify that any absences were during paid leave periods .

Mandatory Evidence for ILR Application

Applicants under the ‘settled work/Employment Visa category’ must furnish a letter from their employer as part of their ILR application. This letter must confirm that the paid annual leave is in line with UK statutory entitlements. It should also clarify the nature of any absences, ensuring they do not exceed the 180-day limit and are consistent with normal working paid leave. This documentation is crucial for validating that the qualifying period for ILR remains uninterrupted .

Business Continuity

It is important to note that if the business employing the applicant ceases operations, any prolonged stay outside the UK could risk the applicant’s eligibility for settlement status. Maintaining continuous residence is essential, and extended absences must be justifiable and documented to avoid jeopardising the ILR application .

By adhering to these guidelines, applicants can ensure their ILR applications are robust and meet all necessary requirements. For more detailed information, consult the official UK government resources ( GOV.UK ) ( GOV.UK ) or take advantage of a free consultation from our immigration solicitors to properly explain how these rules affect your case and circumstances.

If Your Indefinite Leave to Remain Application Was Rejected

Receiving a refusal for your Indefinite Leave to Remain (ILR) application can be distressing, but there are several avenues available to address this setback and still secure permanent residency in the UK.

Understanding the Refusal

Your refusal letter from the Home Office will detail the reasons for rejection and inform you if you have the right to appeal or resubmit your application. Common grounds for refusal include errors or omissions in your application, failure to meet residency or language requirements, or not providing sufficient evidence.

Options Following an ILR Refusal

Submit a new application.

• Often the simplest solution is to rectify any mistakes or missing information by submitting a fresh ILR application. This approach is effective if your initial application was denied due to minor errors or incomplete evidence .

Administrative Review

• If you believe the refusal was due to an error in processing or a misinterpretation of the evidence provided, you can request an administrative review. This must be done within 14 days if you are in the UK, and 28 days if you are outside the UK. The process costs £80 and usually concludes within 28 days .

Judicial Review

• In cases where you believe the decision was unlawful or there were significant procedural errors, a judicial review might be an option. This process is complex and may be considered after consulting with an experienced immigration solicitor .

Legal Appeal

• If you have strong grounds to believe the refusal was unjust, you can file an official appeal. This is usually handled by the Asylum and Immigration Tribunal and must be lodged within the time limits specified in your refusal letter .

Important Considerations

• Residency Requirements: Ensure you meet the residency requirements, including not spending more than 180 days outside the UK in any 12-month period during the qualifying period .
• Language and Life in the UK Test: Confirm that you have passed the required English language test (B1 level) and the Life in the UK test if applicable .
• Criminal Records: Any unspent criminal convictions can adversely impact your ILR application. Ensure your records are clear or seek legal advice if this applies to you .

Seeking Professional Advice

Given the high stakes involved in ILR applications, seeking legal advice can significantly enhance your chances of success. Our immigration solicitors can help you understand the specific reasons for your refusal, and assist you in choosing the best course of action moving forward .

Has Your ILR Application Been Rejected?

If your Indefinite Leave to Remain (ILR) application has been refused, seeking legal assistance is vital. Dealing with the Home Office’s refusal and navigating the appeals process can be challenging. Our expert legal professionals offer a bespoke ILR appeal package designed to ensure you have the best chances of success. Do not hesitate to contact us to discuss your case; we are just a phone call away.

Planning to Submit Your First ILR Application?

Are you preparing to apply for ILR for the first time? At Axis Solicitors, we are dedicated to ensuring our clients achieve successful outcomes, paving the way to British Citizenship and the benefits of UK citizenship. ILR is a significant step towards naturalisation, and our experienced legal professionals specialise in settlement matters. We will prepare your application to prevent rejections due to incomplete evidence or errors.

Contact Us Today:

• Phone: 0808 164 4077
• Email: [email protected]

FAQ: Indefinite Leave To Remain (UK Settlement)

Indefinite Leave to Remain (ILR) is a form of settled status in the UK, meaning it does not expire. However, you are at the risk of losing it if you do not follow the rules for ILR. For example, being outside the UK voluntarily beyond the allowed period of time.

If you are planning extended travel outside the UK, familiarise yourself with the specific rules and regulations to ensure you do not jeopardise your ILR status.

If you have ILR, you can generally stay outside the UK for up to two consecutive years without losing your status. However, there are some exceptions for specific circumstances:

• UK government and British Council employees: If you or your partner work for certain UK government departments or the British Council, and your partner is a British citizen or settled in the UK, you might be exempt from the two-year limit.
• EU Settlement Scheme (EUSS) holders: If you have settled status under the EUSS, you might have a longer permitted absence period depending on your nationality (e.g., five years for most EU citizens, four years for Swiss citizens).

Staying beyond the allowed period could result in losing your ILR status and requiring a returning resident visa to re-enter the UK.

The processing time for an Indefinite Leave to Remain (ILR) application in the UK varies. Standard processing typically takes around six months , though it can sometimes be shorter or longer depending on individual circumstances.

Expedited Processing Options

If you need a faster decision, you may be eligible for priority or super priority services:

• Priority Processing: A decision within 5 working days for an additional fee of £500.
• Super Priority Processing: A decision by the end of the next working day for an additional fee of £800.

The minimum continuous residence requirement for Indefinite Leave to Remain (ILR) in the UK is generally 5 years, but it actually varies depending on the specific visa route or category you are applying under.

Common Continuous Residence Requirements

• Most work and family visa routes: 5 years
• Global Talent visa: 3 years
• Tier 1 (Investor) visa: 2, 3 or 5 years (depending on investment amount)
• Long residence route: 10 years
• Continuous residence: This generally means you have not been absent from the UK for more than 180 days in any 12-month period during your qualifying period. Certain exceptions may apply.
• Specific requirements: Some visa routes may have additional eligibility criteria beyond the continuous residence requirement.

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Applying for Indefinite Leave to Remain (ILR) as a Victim of Domestic Violence or Abuse

The collaboration, campaigning and strategic litigation brought by a coalition of actors supporting victims of domestic violence, led to the landmark ruling of AM v SSHD [2022] EWHC 2591 (Admin) , which found that the previous Immigration Rules relating to victims of domestic violence were unlawful as they discriminated against victims outside of the UK.

Following this High Court decision, as part of recent changes to the Immigration Rules , the Home Office introduced Appendix Victim of Domestic Abuse (‘Appendix VDA’) and updated the associated guidance , which came into effect on 31 January 2024. This new appendix enables victims of domestic abuse who have been abandoned overseas to apply for settlement from outside the UK.

This three-part series will provide an overview of the different applications for indefinite leave that can be made as a victim of domestic violence. This first article will look at the updated requirements for victims of domestic violence to apply for indefinite leave to remain from within the UK. The second article will address victims of domestic violence applying for settlement from outside the UK. The final article will consider the position for EU, other EEA and Swiss citizens and family members, pursuant to Appendix EU .

Overview of Requirements for Indefinite Leave to Remain (ILR) as a Victim of Domestic Violence or Abuse

In order to apply for indefinite leave to remain as a victim of domestic violence or domestic abuse from within in the UK, an applicant must, pursuant to Appendix VDA, meet the following requirements:

• Validity requirements;
• Suitability requirements; and,
• Eligibility and Relationship requirements. 

These will be addressed in turn below.

Validity Requirements for ILR as a Victim of Domestic Violence or Abuse

In order to make a valid application for indefinite leave to remain under Appendix VDA, the correct online application form should be used. Please note that the form to be used by a victim of domestic abuse, and their child if applying at the same time, is different from the form for a child of a victim of domestic abuse who is not applying with their parent. 

The validity requirements are similar to those for other applications: the application fee must be paid, unless a fee-waiver has been granted, biometrics should be provided and a copy of the applicant’s passport or other identity document which establishes their identity and nationality should be provided, unless excused or an exception applies. 

An application that does not meet these requirements may be rejected as invalid. Please note that discretion can be exercised to treat an application as valid even if an applicant has not provided a passport or other document.

Suitability Requirements for ILR as a Victim of Domestic Violence or Abuse

The applicant must not fall for refusal under Part 9: grounds for refusal . 

The Home Office guidance specifies that due to the importance of safeguarding vulnerable victims, the suitability guidance on each of the grounds of refusal that may apply should be considered. Only issues that have arisen since a last grant of permission should be considered. Where an applicant does not fall for refusal under criminality grounds, criminal convictions related to domestic abuse experienced must not be considered in an assessment of whether an applicant’s presence is not conducive to the public good.

Particular regard should be had to where the possible grounds for refusal directly relate to, or are connected to domestic abuse. Discretionary grounds may not be applied where an applicant’s ability to meet the requirement is impacted by the domestic abuse they experienced.

Paragraph 9.8.4.(a) of Part 9, states that a person will be treated as having previously breached immigration laws, if when at least 18 years old, they overstayed their permission, breached a condition attached to their leave in the UK and further leave was not granted, were/are an illegal entrant and/or used deception in relation to an application. Please note that paragraph 9.8.4.(a) does not apply to applications made under Appendix VDA. This is because passport and immigration documents may be controlled by the abuser and the victim may be unaware of their status.

Eligibility and Relationship Requirements for ILR as a Victim of Domestic Violence or Abuse

In an application for indefinite leave to remain as a victim of domestic violence or domestic abuse, the applicant must have, or have last been granted permission as either:

• A partner under Appendix FM of a person who is a British citizen, settled in the UK or with settled or pre-settled status under the EU Settlement Scheme;
• A partner under Appendix EU with limited leave to enter as a family member, as a joining family member or as a family member with a retained right of residence; 
• A partner under Appendix FM, Part 11 of Appendix Family Reunion (Protection) of a person with permissions as a refugee;
• A partner of a person present and settled in the UK under paragraph 285 or 295E of Part 8;
• A victim of domestic abuse under Appendix FM;
• A partner under Appendix Armed Forces or Part 7 of a British citizen or relevant member of HM Forces;
• Leave outside the rules granted under the Migrant Victims of Domestic Abuse concession and before that were last granted permission as above.

Partner includes spouses, civil partners and unmarried partners but not fiancé(e)s nor proposed civil partners.

An applicant does not need to have valid permission in the UK, if they previously had permission as specified above, prior to the relationship breaking down as a result of domestic abuse. Preventing a victim of domestic abuse from applying for leave may be part of abusive behaviour experienced by a victim.

Individuals who have not held leave as above but last held leave under the EU Settlement Scheme cannot apply under Appendix VDA and should consider applying under Appendix EU, as will be addressed in the final article in this series. Individuals in the UK who have never had leave as specified above, may be able to make an application on the basis of their family and private life under Article 8 of the European Convention on Human Rights or for leave outside the rules . 

The relationship between the applicant and their partner must have broken down permanently as a result of domestic abuse which they have been subjected to by their partner or by a directly related family member, such as in-laws or stepfamily members, or alternatively, if the abuser is a partner or family member who is abusing another family member in the same household. 

Domestic abuse is defined in the Domestic Abuse Act 2021 . It involves any single incident or  pattern of conduct where someone’s behaviour towards another is abusive, and where the people involved are aged 16 or over and are, or have been, personally connected to each other. Abuse can be:

• Psychological;
• Threatening;
• Controlling;
• Coercive behaviour.

The evidence required in domestic violence applications was previously addressed in this article . A new article which defines domestic abuse in more detail and refers to the updated guidance will be published soon. 

Child of a Victim of Domestic Abuse

The child of a victim of domestic abuse can also apply for leave under this appendix. They will need to meet the following requirements:

• Relationship requirement;
• Care requirement; and,
• Age and independent life requirements.

These requirements will be addressed in detail in a future article.

A child who is over 18 years old must meet the English language requirement and Knowledge of Life in the UK requirement , unless an exemption applies.

The adequate maintenance and accommodation requirement must also be met. 

Applying for Indefinite Leave to Remain (ILR) as a Victim of Domestic Violence or Abuse: Form, Fees and Time Frames

The current fee for an application for ILR as a victim of domestic abuse is £2,885, unless a fee-waiver applies. Please note that these fees regularly change. There would be no Immigration Health Surcharge . The current processing time for such applications is 6 months. Please note that processing times can change and applications can be decided in more or less time.

Decision on an Application for ILR under Appendix VDA

Where the requirements detailed above are met and the application is successful, the applicant will be granted indefinite leave to remain in the UK. 

The refusal of an application made pursuant to Appendix VDA can be challenged by administrative review .

Contact Our Immigration Barristers

For expert advice and assistance in relation to applying for indefinite leave to remain as a victim of domestic violence or any other UK immigration applications, contact our immigration barristers in London on 0203 617 9173 or complete our enquiry form below.

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ILR for Spouses After 5 Years

by Whytecroft Ford | Jun 11, 2024 | Indefinite Leave to Remain , Partner & Family Visa , UK Immigration , UK Settlement

Spouses, civil partners, or unmarried partners of British nationals or settled persons can apply for Indefinite Leave to Remain (also known as settlement or ILR) up to 28 days before completing 5 years in the UK as a partner, provided they have been granted leave under the same route.

This post discusses the requirements for Indefinite Leave to Remain as a spouse after 5 years in the UK.

The fee for an ILR application is £2,885 . For expedited processing in one working day, the Home Office offers a super-priority service, which is available at an additional cost of £1,000.

What is Indefinite Leave to Remain (ILR)?

Indefinite Leave to Remain is an immigration status granted to non-British nationals, allowing them to stay in the UK permanently. This status provides many benefits, including the right to work, study, and access to public services without the restrictions typically associated with temporary visas. For family members of British citizens or settled persons, obtaining ILR is a significant step towards securing a stable and permanent future in the UK, in addition to being a prerequisite for British Citizenship by Naturalisation . 

Requirements for ILR as a Spouse or Partner 

The requirements for ILR ensure that only those with a genuine connection to a British citizen or settled person can apply. Applicants must demonstrate that they are in the UK with valid leave as a partner and that they:

• Are in a genuine and subsisting relationship, applicants must be the spouse, civil partner, unmarried partner of a British citizen or someone with settled status in the UK
• Have adequate accommodation for themselves and their family
• Meet the financial requirement
• Have demonstrated English proficiency to the required level
• Have passed the Life in the UK test 
• Meet the suitability requirements, meaning there is no reason to refuse the application due to a serious criminal conviction, debt or breach of immigration law
• Have completed a qualifying period of continuous residence of 60 months in the UK as a partner
• Intend to live with their partner permanently in the UK.

Residence Requirement for Indefinite Leave to Remain as a Spouse or Partner

To obtain ILR as a spouse or partner, you must prove to the Home Office that you have lived in the UK for the required period, typically 5 years for those with leave granted as a spouse/partner under Appendix FM of the Immigration Rules. This period must be spent on the partner visa, and time on other visa types or with different partners cannot be included.

Although there is no specific absence requirement, you must demonstrate that you have always intended and continue to intend to live with your partner in the UK. If you have spent significant time outside the UK, you must provide “good reasons” for these absences, such as work commitments, holidays, training, or study, and show that these reasons align with your intention to live together permanently in the UK.

Each case is judged on its merits, considering the reasons for travel, the length of absences, and whether the applicant and partner travelled and lived together during these times.

Financial Requirement for ILR as a Spouse or Partner

On 11 April 2024, it was announced that the minimum income requirement for Partners under Appendix FM was increased from £18,600 to £29,000. However, transitional financial requirements were introduced for applicants who had made their first application as a partner before the increase and were granted permission under the 5-year route to settlement. 

The transitional arrangements allow applications submitted before this date to be assessed against the previous threshold. The specific requirements are:

• £18,600 for a partner with no children
• £22,400 for a partner with one child
• £24,800 for a partner with two children
• £27,200 for a partner with three children
• £29,000 for a partner with four or more children.

These requirements do not apply to children who are British or Irish citizens, have pre-settled status, or are permanently settled in the UK.

To benefit from the transitional financial requirements within Appendix FM, the relevant guidance states that an applicant must have:

• permission as a partner on the five-year route to settlement, or as a fiancé or fiancée or proposed civil partner at the date of application
• made their first application as a fiancé or fiancée, proposed civil partner or as a partner before 11 April 2024 
• been granted permission as a fiancé or fiancée, proposed civil partner or as a partner as a result of that application
• be applying for permission to stay with the same partner for which they were last granted permission.

Those applying on or after 11 April 2024 who do not meet the criteria set out above, must meet the increased threshold of £29,000.

How We Can Help

Our experienced immigration firm is here to provide expert guidance and support for your application for Indefinite Leave to Remain in the UK. 

Contact our friendly professional team on 0208 757 5751 or use our contact form . 

Frequently Asked Questions

The processing time for ILR applications can vary. Standard applications typically take around six months, while premium service applications can be processed within 24 hours.

You may apply up to 28 days within the date of completion of 5 years of residence in the UK.

No, ILR status does not need to be renewed. However, if you leave the UK for more than two years, you may lose your ILR status and need to reapply.

Yes, you can include dependent children under the age of 18 in your ILR application or those who were under 18 when first granted leave under the same route and are yet to form an independent life, provided they meet the eligibility criteria.

What Our Clients Say

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• Home Office
• UK Visas and Immigration

Statement of changes to the Immigration Rules: CP 232, 14 May (accessible version)

Published 14 May 2020

© Crown copyright 2020

This publication is licensed under the terms of the Open Government Licence v3.0 except where otherwise stated. To view this licence, visit nationalarchives.gov.uk/doc/open-government-licence/version/3 or write to the Information Policy Team, The National Archives, Kew, London TW9 4DU, or email: [email protected] .

Where we have identified any third party copyright information you will need to obtain permission from the copyright holders concerned.

This publication is available at https://www.gov.uk/government/publications/statement-of-changes-to-the-immigration-rules-cp-232-14-may-2020/statement-of-changes-to-the-immigration-rules-cp-232-14-may-accessible-version

Statement of changes in Immigration Rules

Presented to Parliament by the Secretary of State for the Home Department by Command of Her Majesty

This document is accompanied by an Explanatory Memorandum

This publication is licensed under the terms of the Open Government Licence v3.0 except where otherwise stated. To view this licence, visit nationalarchives.gov.uk/doc/open-government-licence/version/3

Queries should be directed to the Home Office as per the ‘Contact UKVI’ section on the visas and immigration pages of the GOV.UK website at https://www.gov.uk/government/organisations/uk-visas-and-immigration.

Specific written queries relating to this Statement of Changes should be directed to [email protected]. Please note that this mailbox is only for Parliamentary use and specific technical queries regarding the drafting of this Statement of Changes. It is not a contact point for general enquiries. Queries to this e-mail address from outside Parliament about other immigration issues, including how these changes affect applications, will not receive a response.

A copy of this Statement of Changes can be found at www.gov.uk/official-documents and also on the visas and immigration pages of the GOV.UK website at www.gov.uk/government/collections/immigration-rules-statement-of-changes

ISBN 978-1-5286-1915-8

CCS0520583832 05/20

The Home Secretary has made the changes hereinafter stated in the rules laid down by them as to the practice to be followed in the administration of the Immigration Acts for regulating entry into and the stay of persons in the United Kingdom and contained in the statement laid before Parliament on 23 May 1994 (HC 395) as amended. [footnote 1]

The amending statements were laid before, or presented to, Parliament on 20 September 1994 (Cm 2663), 26 October 1995 (HC 797), 4 January 1996 (Cm 3073), 7 March 1996 (HC 274), 2 April 1996 (HC 329), 29 August 1996 (Cm 3365), 31 October 1996 (HC 31), 27 February 1997 (HC 3a38), 29 May 1997 (Cm 3669), 5 June 1997 (HC 26), 30 July 1997 (HC 161), 11 May 1998 (Cm 3953), 7 October 1998 (Cm 4065), 18 November 1999 (HC 22), 28 July 2000 (HC 704), 20 September 2000 (Cm 4851), 28 August 2001 (Cm 5253), 16 April 2002 (HC 735), 27 August 2002 (Cm 5597), 7 November 2002 (HC 1301), 26 November 2002 (HC 104), 8 January 2003 (HC 180), 10 February 2003 (HC 389), 31 March 2003 (HC 538), 30 May 2003 (Cm 5829), 24 August 2003 (Cm 5949), 12 November 2003 (HC 1224), 17 December 2003 (HC 95), 12 January 2004 (HC 176), 26 February 2004 (HC 370), 31 March 2004 (HC 464), 29 April 2004 (HC 523), 3 August 2004 (Cm 6297), 24 September 2004 (Cm 6339), 18 October 2004 (HC 1112), 20 December 2004 (HC 164), 11 January 2005 (HC 194), 7 February 2005 (HC 302), 22 February 2005 (HC 346), 24 March 2005 (HC 486), 15 June 2005 (HC 104), 12 July 2005 (HC 299), 24 October 2005 (HC 582), 9 November 2005 (HC 645), 21 November 2005 (HC 697), 19 December 2005 (HC 769), 23 January 2006 (HC 819), 1 March 2006 (HC 949), 30 March 2006 (HC 1016), 20 April 2006 (HC 1053), 19 July 2006 (HC 1337), 18 September 2006 (Cm 6918), 7 November 2006 (HC 1702), 11 December 2006 (HC 130), 19 March 2007 (HC 398), 3 April 2007 (Cm 7074), 4 April 2007 (Cm 7075), 7 November 2007 (HC 28), 13 November 2007 (HC 40), 19 November 2007 (HC 82), 6 February 2008 (HC 321), 17 March 2008 (HC 420), 9 June 2008 (HC 607), 10 July 2008 (HC 951), 15 July 2008 (HC 971), 4 November 2008 (HC 1113), 9 February 2009 (HC 227), 9 March 2009 (HC 314), 24 April 2009 (HC 413), 9 September 2009 (Cm 7701), 23 September 2009 (Cm 7711), 10 December 2009 (HC 120), 10 February 2010 (HC 367), 18 March 2010 (HC 439), 28 June 2010 (HC 59), 15 July 2010 (HC 96), 22 July 2010 (HC 382), 19 August 2010 (Cm 7929), 1 October 2010 (Cm 7944), 21 December 2010 (HC 698), 16 March 2011 (HC 863), 31 March 2011 (HC 908), 13 June 2011 (HC 1148), 19 July 2011 (HC 1436), 10 October 2011 (HC 1511), 7 November 2011 (HC 1622), 8 December 2011 (HC 1693), 20 December 2011 (HC 1719), 19 January 2012 (HC 1733), 15 March 2012 (HC 1888), 4 April 2012 (Cm 8337), 13 June 2012 (HC 194), 9 July 2012 (HC 514), 19 July 2012 (Cm 8423), 5 September 2012 (HC 565), 22 November 2012 (HC 760), 12 December 2012 (HC 820), 20 December 2012 (HC 847), 30 January 2013 (HC 943), 7 February 2013 (HC 967), 11 March 2013 (HC 1038), 14 March 2013 (HC 1039), 9 April 2013 (Cm 8599), 10 June 2013 (HC 244), 31 July 2013 (Cm 8690), 6 September 2013 (HC 628), 9 October 2013 (HC 686), 8 November 2013 (HC 803), 9 December 2013 (HC 887), 10 December 2013 (HC 901), 18 December 2013 (HC 938), 10 March 2014 (HC 1130), 13 March 2014 (HC 1138), 1 April 2014 (HC 1201), 10 June 2014 (HC 198), 10 July 2014 (HC 532), 16 October 2014 (HC 693), 26 February 2015 (HC 1025), 16 March 2015 (HC1116), 13 July 2015 (HC 297), 17 September 2015 (HC 437), 29 October 2015 (HC535), 11 March 2016 (HC 877), 3 November 2016 (HC 667), 16 March 2017 (HC 1078), 20 July 2017 (HC 290), 7 December 2017 (HC 309), 15 March 2018 (HC 895), 15 June 2018 (HC 1154), 20 July 2018 (Cm 9675), 11 October 2018 (HC 1534), 11 December 2018 (HC 1779), 20 December 2018 (HC 1849), 7 March 2019 (HC 1919), 1 April 2019 (HC 2099), 9 September 2019 (HC 2631), 24 October 2019 (HC 170), 30 January 2020 (HC 56) and 12 March 2020 (HC 120).

Implementation

The following sections shall take effect on 4 June 2020. If an application is supported by a Certificate of Sponsorship (CoS) or endorsement assigned before this date or an application for entry clearance, leave to enter or leave to remain is made before 4 June 2020, they will be decided in accordance with the Immigration Rules in force on 3 June 2020:

• Part 5 – Paragraphs 5.1 to 5.10
• Part 6A – Paragraphs 6A.1 and 6A.2
• Appendix W – Paragraph W1 to W41

The following sections shall take effect on 24 August 2020:

• Appendix EU – Paragraphs EU.1, EU.2, EU.5, EU.7 to EU.11, EU.13 to EU.15, EU.17 and EU.18
• Appendix EU (Family Permit) – Paragraphs EU(FP).1 to EU(FP).5 and EU(FP).7

The other changes set out in this statement shall take effect on 4 June 2020.

Before the end of each review period, the Secretary of State undertakes to review all of the relevant Immigration Rules including any Relevant Rule amended or added by these changes. The Secretary of State will set out the conclusions of the review in a report and publish the report.

The report must in particular:

• (a) consider each of the Relevant Rules and whether or not each Relevant Rule achieves its objectives and is still appropriate; and
• (b) assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved with a system that imposes less regulation.

“Review period” means:

• (a) the period of five years beginning on 6 April 2017; and
• (b) subject to the paragraph below, each successive period of five years.

If a report under this provision is published before the last day of the review period to which it relates, the following review period is to begin with the day on which that report is published.

“Relevant Rule” means an Immigration Rule which:

• (a) imposes requirements, restrictions or conditions, or sets standards, in relation to any activity carried on by a business or voluntary or community body; or
• (b) relates to the securing of compliance with, or the enforcement of, requirements, restrictions, conditions or standards which relate to any activity carried on by a business or voluntary or community body.

Changes to Part 5

5.1 In paragraph 144, after “are that he” add “genuinely”.

5.2 In paragraph 144(i), after “a business which has” add “, and will continue to have,”.

5.3 For paragraph 144(ii)(a), substitute:

“(a) as a senior employee of an active and trading overseas business which has no active branch, subsidiary or other representative in the United Kingdom for the purpose of representing that business in the United Kingdom by establishing and operating a registered branch or wholly-owned subsidiary of it, where that branch or subsidiary will actively trade in the same type of business as that overseas business and is not being established solely for the purpose of facilitating the entry and stay of the applicant; or”.

5.4 For paragraph 144(iii)(a), substitute:

“(a) will be the sole representative of that overseas business present in the United Kingdom under the terms of this paragraph, with the skills, experience and knowledge of the business necessary to undertake that role, and the full authority to negotiate and take operational decisions on behalf of that business;”.

5.5 For paragraph 144(iii)(b), substitute:

“(b) is an existing senior employee of that overseas business who intends to

be employed full time as a representative of that business and will not engage in business of his own or represent any other business’s interest in the United Kingdom;”.

5.6 For paragraph 144(iii)(c), substitute:

“(c) does not have a majority stake in, or otherwise own or control, that overseas business, whether that ownership or control is by means of a shareholding, partnership agreement, sole proprietorship or any other arrangement;”.

5.7 In paragraph 144(iii)(d)(1), after “distribution” add “or ownership”.

5.8 In paragraph 144(iii)(d)(4), for “is fully familiar with the company’s activities and has full powers to negotiate and take operational decisions without reference to the parent company” substitute:

“has the relevant skills, experience, knowledge and authority as outlined in (iii)(a)”.

5.9 In paragraph 147(ii)(b), after “subsidiary” add “which they established in the UK in accordance with paragraph 144 of these rules”.

5.10 In paragraph 194, at the end of sub-paragraph (viii) after “entry in this capacity” insert:

(ix) where the applicant is accompanying or joining a person granted entry clearance or leave to enter or limited leave to remain as the sole representative of an overseas business within the meaning of paragraph 144(ii)(a), the applicant does not have a majority stake in, or otherwise own or control, that overseas business, whether that ownership or control is by means of a shareholding, partnership agreement, sole proprietorship or any other arrangement”.

Changes to Part 6A

6A.1 Delete paragraph 245GF including all sub-paragraphs. 6A.2    Delete paragraph 245GF-SD including all sub-paragraphs. Changes to Appendix EU

EU.1 In paragraph EU11., for conditions 5 and 6 in the table, substitute:

EU.2  In paragraph EU11., for sub-paragraph (b)(iii) of condition 7 in the table, substitute:

“(iii) meets the requirements of sub-paragraph (e)(ii) or (e)(iii) of the definition of relevant EEA citizen in Annex 1; or

(iv) is a relevant naturalised British citizen (in accordance with sub- paragraphs (b), (c) and (d) of the relevant definition in Annex 1)”.

EU.3 In Annex 1, for sub-paragraph (c) of the definition of ‘continuous qualifying period’ in the table, substitute:

“(c) (where – save for the purposes of the reference to continuous qualifying period in condition 6 in the table in paragraph EU11 of this Appendix and in sub-paragraph (d)(iii)(aa) of the entry for ‘family member who has retained the right of residence’ in this table (as that reference applies to, as the case may be, the relevant EEA citizen or the qualifying British citizen) – the period is less than five years and the person has not acquired the right of permanent residence in the UK under regulation 15 of the EEA Regulations, or the right of permanent residence in the Islands through the application there of section 7(1) of the Immigration Act 1988 or under the Immigration (European Economic Area) Regulations of the Isle of Man) which continues at the date of application”.

EU.4 In Annex 1, for sub-paragraph (b) of the definition of ‘date of application’ in the table, substitute:

“(b) (in the case of a paper application form):

• (i) the date of posting to the Home Office address specified on the form (where one is specified), as shown on the tracking information provided by Royal Mail or, if not tracked, by the postmark date on the envelope; or
• (ii) where the paper application form is sent by courier, or other postal services provider, the date on which it is delivered to the Home Office address specified on the form (where one is specified); or
• (iii) where the paper application form is sent by e-mail, the date on which it is recorded by Home Office e-mail software as received at the Home Office e- mail address specified on the form (where one is specified)”.

EU.5 In Annex 1, after sub-paragraph (c) of the definition of ‘EEA citizen’ in the table, insert:

• (d)  a relevant person of Northern Ireland”.

EU.6 In Annex 1, for the entry for ‘family member who has retained the right of residence’ in the table, substitute:

EU.7 In Annex 1, for sub-paragraph (a)(i) of the definition of ‘relevant document’ in the table, substitute:

“(a)(i)(aa) a family permit, registration certificate, residence card, document certifying permanent residence, permanent residence card or derivative residence card issued by the UK under the EEA Regulations on the basis of an application made under the EEA Regulations before (in the case of a family permit) 1 July 2021 and otherwise before 1 January 2021; or

(bb) (where the applicant is a family member of a relevant person of Northern Ireland and is a dependent relative or durable partner) other evidence which satisfies the Secretary of State of the same matters under this Appendix concerning the relationship and (where relevant) dependency as a document to which sub-paragraph (a)(i)(aa) above refers; for the purposes of this provision, where the Secretary of State is so satisfied, such evidence is deemed to be the equivalent of a document to which sub-paragraph (a)(i)(aa) above refers; or”.

EU.8 In Annex 1, in sub-paragraph (a)(ii) of the definition of ‘relevant document’ in the table, for “sub-paragraph (a)(i)” substitute “sub-paragraph (a)(i)(aa)”.

EU.9 In Annex 1, in sub-paragraph (d)(i) of the definition of ‘relevant document’ in the table, for “sub-paragraph (a)(i)” substitute “sub-paragraph (a)(i)(aa)”.

EU.10 In Annex 1, after sub-paragraph (d) of the definition of ‘relevant EEA citizen’ in the table, insert:

• (i) resident in the UK and Islands for a continuous qualifying period which began before the specified date; or
• (aa) has been or is being granted indefinite leave to enter or remain under this Appendix (or under its equivalent in the Islands); or
• (bb) would be granted indefinite leave to enter or remain under this Appendix, if they made a valid application under it; or
• (iii) who, having been resident in the UK and Islands as described in sub-paragraph (e)(i) above, would, but for the fact (where they are a relevant person of Northern Ireland in accordance with sub-paragraph (a)(i) or (a)(iii) of that entry in this table) that they are a British citizen, be granted indefinite leave to enter or remain under this Appendix, if they made a valid application under it”.

EU.11 In Annex 1, after the entry for ‘relevant naturalised British citizen’ in the table, insert:

EU.12 In Annex 1, below sub-paragraph (c) of the definition of ‘required application process’ in the table, insert:

“in addition, where a paper application form is used under sub-paragraph (b) or (c) above, it must be sent by pre-paid post or courier to the Home Office address specified on the form (where one is specified), or by e-mail to the Home Office e-mail address specified on the form (where one is specified)”.

EU.13 In Annex 1, after the entry for ‘required biometrics’ in the table, insert:

EU.14 In Annex 1, in the definition of ‘required evidence of family relationship’ in the table, for sub-paragraph (b)(i) of the provision beginning “in addition”, substitute:

“(i) the following proof of identity and nationality of (as the case may be) the relevant EEA citizen, or the qualifying British citizen, of whom the applicant is (or, as the case may be, for the relevant period was) a family member:

• (aa) (in the case of a relevant EEA citizen who is neither a relevant naturalised British citizen nor a relevant EEA citizen as described in sub- paragraph (d) of that entry in this table nor relied on by the applicant as being a relevant person of Northern Ireland, or in the case of a qualifying British citizen) their valid passport; or
• (bb) (in the case of a relevant EEA citizen who is neither a relevant naturalised British citizen nor a relevant EEA citizen as described in sub- paragraph (d) of that entry in this table nor relied on by the applicant as being a relevant person of Northern Ireland) their valid national identity card or confirmation that they have been or are being granted indefinite leave to enter or remain or limited leave to enter or remain under this Appendix; or
• (cc) (in the case of a relevant EEA citizen who is a relevant naturalised British citizen or who is a relevant EEA citizen as described in sub- paragraph (d) of that entry in this table) their valid passport or their valid national identity card as a national of a country listed in sub-paragraph (a)(i) in the entry for ‘EEA citizen’ in this table, and information or evidence which is provided by the applicant, or is otherwise available to the Secretary of State, which satisfies the Secretary of State that the person is a British citizen; or
• (aaa) (where they are a British citizen) information or evidence which is provided by the applicant, or is otherwise available to the Secretary of State, which satisfies the Secretary of State that the person is a British citizen; or
• (bbb) (where they are an Irish citizen) their valid passport or their valid national identity card as an Irish citizen, or confirmation that they have been or are being granted indefinite leave to enter or remain or limited leave to enter or remain under this Appendix; or
• (ccc) (where they are a British citizen and an Irish citizen) the evidence required by sub-paragraph (b)(i)(dd)(aaa) or (b)(i)(dd)(bbb) above,

unless (in any case) the Secretary of State agrees to accept alternative evidence of identity and nationality where the applicant is unable to obtain or produce the required document due to circumstances beyond their control or to compelling practical or compassionate reasons; and”.

EU.15 In Annex 1, in the definition of ‘required evidence of family relationship’ in the table, in sub-paragraph (b)(ii)(aa) of the provision beginning “in addition”, for “sub-paragraph (b), (c) or (d)” substitute “sub-paragraph (b), (c), (d) or (e)”.

EU.16 In Annex 1, in the definition of ‘required evidence of family relationship’ in the table, for sub-paragraphs (c) and (d) of the provision beginning “in addition”, substitute:

“(c) ‘valid’ here means, in respect of a document, that it is genuine and has not expired or been cancelled or invalidated; and

(d) where, in order to meet the requirements of this entry, the applicant submits a copy (and not the original) of a document (including by uploading this as part of the required application process), the Secretary of State can require the applicant to submit the original document where the Secretary of State has reasonable doubt as to the authenticity of the copy submitted; and

(e) where, in order to meet the requirements of this entry, the applicant submits a document which is not in English, the Secretary of State can require the applicant to provide a certified English translation of (or a Multilingual Standard Form to accompany) the document, where this is necessary for the purposes of deciding whether the applicant meets the eligibility requirements for indefinite leave to enter or remain or for limited leave to enter or remain under this Appendix”.

EU.17 In Annex 1, after sub-paragraph (b) of the definition of ‘self-employed person’ in the table, insert:

irrespective, in either case, of whether the EEA Regulations apply, or (as the case may be) for the relevant period applied, to that person where the person is, or (as the case may be) was, a relevant person of Northern Ireland”.

EU.18 In Annex 1, after sub-paragraph (b) of the definition of ‘worker’ in the table, insert:

Changes to Appendix EU (Family Permit)

EU(FP).1 In Annex 1, in sub-paragraph (b) of the definition of ‘durable partner’ in the table, after “the person held a relevant document as the durable partner of the relevant EEA citizen” insert “or, where the applicant relies on the relevant EEA citizen being a relevant person of Northern Ireland, there is evidence which satisfies the entry clearance officer that the durable partnership was formed and was durable by the specified date”.

EU(FP).2 In Annex 1, for the entry for ‘EEA citizen’ in the table, substitute:

EU(FP).3 In Annex 1, for the entry for ‘relevant EEA citizen’ in the table, substitute:

EU(FP).4 In Annex 1, after the entry for ‘relevant naturalised British citizen’ in the table, insert:

EU(FP).5 In Annex 1, after the entry for ‘required biometrics’ in the table, insert:

EU(FP).6 In Annex 1, in the definition of ‘required evidence of family relationship’ in the table, for the provision beginning “in addition”, substitute:

“in addition:

• (a) where, in order to meet the requirements of this entry, the applicant submits a copy (and not the original) of a document (including by uploading this as part of the required application process), the entry clearance officer can require the applicant to submit the original document where the entry clearance officer has reasonable doubt as to the authenticity of the copy submitted; and
• (b) where, in order to meet the requirements of this entry, the applicant submits a document which is not in English, the entry clearance officer can require the applicant to provide a certified English translation of (or a Multilingual Standard Form to accompany) the document, where this is necessary for the purposes of deciding whether the applicant meets the eligibility requirements for an entry clearance to be granted under this Appendix”.

EU(FP).7 In Annex 1, for the entry for ‘required evidence of qualification’ in the table, substitute:

Changes to Appendix FM

FM.1 In paragraph E-ECP.2.8. after “to take place”, insert “in the United Kingdom”.

FM.2 In paragraph S-LTR.1.4.(b) after “12 months”, insert “unless a period of 10 years has passed since the end of the sentence; or”.

Changes to Appendix FM-SE

FM-SE.1 At the end of paragraph 7(h)(bb) for the full stop after “Institute of Financial Accountants”, substitute:

“, The Association of Authorised Public Accountants, The Chartered Institute of Public Finance and Accountancy, The Chartered Institute of Management Accountants, the Association of International Accountants and The Association of Accounting Technicians.”.

FM-SE.2 Within paragraphs 9(b)(iv) of Appendix FM-SE, for the full stop after

“Institute of Financial Accountants”, substitute:

Changes to Appendix M

M1. In the table in Appendix M, for:

substitute:

Changes to Appendix W

W1. In paragraph W2.1(a), in the first row of the table, for “the time already granted”, substitute “the time the applicant has already spent”.

W2. For paragraph W3.4, substitute:

“W3.4 Restrictions for students

• (i) a higher education provider with a track record of compliance
• (ii) an overseas higher education institution to undertake a short-term study abroad programme in the UK
• (iii) an Embedded College offering Pathway Courses
• (iv) an independent school
• (i) have been granted unconditional written consent to make the application by their sponsoring government or international scholarship agency
• (ii) provide a letter from each sponsoring organisation confirming this The letter must be issued by an authorised official of that organisation and contain contact details which allow it to be verified. The document must confirm that the organisation gives the applicant unconditional consent to remain in or re-enter the UK for an unlimited time.”.

W3. At the end of paragraph W3.9(e)(i), after “Rules”, insert “as being an institution where satisfactory verification checks cannot be made.”.

W4. For paragraph W5.1(c), substitute:

“(c) The decision maker may request additional information or evidence from the applicant or the endorsing body to support the information in the endorsement letter, and may refuse the application if they are not satisfied the endorsement criteria in paragraph W5.2 are met.”.

W5. After paragraph W5.1(e), insert:

“(f) If the application is successful, the applicant must maintain contact with their endorsing body as required by that body and, as a minimum, after 6 months and 12 months from the date the application was granted. At these contact points, the applicant must either:

• (i) show reasonable progress, as assessed by their endorsing body, against the business plan assessed in their endorsement
• (ii) show that they are pursuing a new business venture, which the endorsing body is satisfied meets the endorsement criteria in paragraph W5.2 below”.

W6. In paragraph W5.2 for “confirm both of the following” substitute “confirm all of the following”.

W7. In the table in paragraph W5.2(a), for the “viability” entry, substitute:

W8. After paragraph W5.2(b), insert:

“(c) The applicant must be either the sole founder of the business or an instrumental member of the founding team. More than one applicant can be endorsed for the same business as long as each applicant is a founding member.

(d) The applicant must be relying on their own business plan. They must have generated the ideas in the plan (or made a significant contribution to those ideas) and must be responsible for executing the plan.”.

W9. In paragraph W5.3(a)(ii)(1), for “or it is a new organisation set up for this purpose by another body which has its own track record of this nature.)”, substitute

“. (Exceptionally this requirement may be waived, for example where a new organisation is set up by another body which has its own track record.)”.

W10. In paragraph W5.3(a)(ii)(2), before “supported by”, insert “from or”.

W11. For paragraph W6.1(d), substitute:

“(d) The decision maker may request additional information or evidence from the applicant or the endorsing body to support the information in the endorsement letter, and may refuse the application if they are not satisfied the endorsement criteria in paragraph W6.3, W6.6 or W6.7 below (as appropriate) are met.”.

W12. After paragraph W6.1(f), insert:

“(g) If the application is successful, the applicant must maintain contact with their endorsing body as required by that body and, as a minimum, after 6 months, 12 months and 24 months from the date the application was granted. At these contact points, the applicant must either:

• (ii) show that they are pursuing a new business venture, which the endorsing body is satisfied meets the “new business” endorsement criteria in paragraph W6.3 below”.

W13. In paragraph W6.2(a)(ii), (b)(ii) and (c)(ii), after “grant of leave”, in each place it occurs, insert “, or at a contact point with that endorsing body during that grant of leave”.

W14. In paragraph W6.3 for “confirm both of the following” substitute “confirm all of the following”.

W15.  In the table in paragraph W6.3(a), for the “viability” entry, substitute:

W16.  After paragraph W6.3(b), insert:

“(c) The business may have already started trading in the UK, but the applicant must be either the sole founder of the business or an instrumental member of the founding team. More than one applicant can be endorsed for the same business as long as each applicant is a founding member. This affects the funding requirement (as set out in paragraph W6.4(d)) and the endorsement requirements for settlement applications (as set out in paragraph W6.7(f)).

W17. In paragraph W6.7(b)(vii), for “an average salary”, substitute “a mean salary”.

W18. For paragraph W6.8(a)-(b), substitute:

“(a)  The organisation must be one of the following:

• (1) The institution is a higher education provider with a track record of compliance
• (2) The institution has established processes for identifying, nurturing and developing entrepreneurs among its undergraduate and postgraduate population.
• (1) The organisation has a proven track record of supporting UK entrepreneurs, including resident workers. (Exceptionally this requirement may be waived, for example where a new organisation is set up by another body which has its own track record.)
• (2) The request to become an endorsing body is from or supported by a UK or devolved government department as being clearly linked to the department’s policy objectives. The department must be either a core department led by a UK or devolved government minister or a regionally- devolved authority led by a directly-elected mayor.”.

W19. In paragraph W6.8, renumber sub-paragraphs (c) to (g) as (b) to (f) respectively.

W20. After paragraph W7.3(c), insert:

“(d) Applicants who held leave as a Tier 1 (Exceptional Talent) migrant during their last grant of leave will be considered under the extension criteria in W7.3(a).”.

W21. For paragraph W7.4(a)(ii), substitute:

“(ii) show the organisation logo and registered address, if written on behalf of a third party organisation”.

W22. For W7.4(f), substitute:

“Where these Rules require applicants to provide a letter of recommendation, this letter must:

• (i) specifically refer to and support the Global Talent application, not be a general, all-purpose letter
• (ii) be a maximum length of 3 single sides of A4 paper, excluding the authors credentials and/or curriculum vitae.”.

W23. In paragraph W7.5.1(f), after “award was”, insert “for another individual, or”.

W24. At the end of paragraph W7.5.1(g)(iii) for “.” substitute: “,

(iv) for exceptional promise applicants, if the appearance was as part of another individual’s work, or work that the applicant took part in as part of a group, and the applicant is not named specifically, they must provide evidence from a senior individual linked to the work, outlining the significant and direct contribution the applicant made.”.

W25. In paragraph W7.5.3, in each instance it occurs, for “fashion industry” substitute “fashion design industry”.

W26. In the header in the table below W7.5.3(d), in both instances it occurs after “fashion” insert “design”.

W27. Delete paragraph W7.5.4(f).

W28. In paragraph W7.5.5, in each instance it occurs for “fashion industry applicants” substitute “fashion design industry applicants”.

W29. For paragraph W7.5.5(a)(ii), substitute:

“(ii) The letter must include details of how the author knows the applicant (whether through personal relationship or reputation).”.

W30. After paragraph W7.5.5(a)(iv), insert:

• (v) The letter must be accompanied by the author’s Curriculum Vitae, résumé or other alternative evidence deemed equivalent by the relevant endorsing body, to confirm the author’s official credentials.”.

W31. In the table in paragraph W7.5.5, in each instance it occurs, after “applicant’s specialist field” insert “(i.e. arts and culture, film and television or architecture)”.

W32. In paragraph W7.6 after “proven technical expertise”, insert “with the latest technologies”.

W33. In the key criteria in the first column in the table after W7.6(a), for “director” substitute “senior executive”.

W34. In the qualifying criteria in the first column in the table after W7.6(a), for “entrepreneur”, substitute “senior executive”.

W35. In the qualifying criteria in the second column in the table after W7.6(a), for “founder, entrepreneur or employee”, substitute “founder or employee””.

W36. For paragraph W7.6(b)(iv), substitute:

“(iv) Evidence of any active businesses established or businesses that have been dissolved in the last 5 years, either which must have been commercially successful or otherwise demonstrate how the applicant meets the endorsement criteria, in which the applicant has been a founder or senior executive, or evidence of share ownership through business in a digital technology sector company. This evidence in included in the maximum 10 documents listed in

(v) below.”.

W37. For paragraph W7.6(v), for “2 A4 sides” substitute “3 A4 sides”.

W38. In paragraph W7.7.3(a)(i), for “Written confirmation of the award from the endorsed funder that confirms both”, substitute “Written confirmation from the endorsed funder of the grant or award, confirming both”.

W39. In the table below W.7.7.4(a), in the first column, after “equivalent research experience” insert “(including industrial or clinical research)”.

W40. In the table below W.7.7.4(a), in the second column, for “(including industrial research)” substitute “(including industrial or clinical research)”.

W41. In Annex 2, after “Beatson Institute for Cancer Research”, insert “BirdLife International”.

CCS0520583832

978-1-5286-1915-8

This Statement of Changes can be viewed at https://www.gov.uk/government/collections/immigration-rules-statement-of-changes .  ↩

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