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Settled status vs permanent residence, indefinite leave to remain and settlement visa

indefinite leave to remain

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Settled status vs permanent residence, indefinite leave to remain and settlement visa

Settled status is not identical to indefinite leave to remain. And it does not replace your permanent residence document if you are planning to naturalise. Do not confuse an application for settled status with a settlement visa! And do not assume that a settlement visa will make you settled at once. Oh, immigration terminology, are you part of the hostile environment?

Q&A

I am a dependant of a Tier 1 migrant since summer 2012 and my husband will be applying for ILR in 2015. Am I entitled to apply for ILR at the same time with him?

If you were given status as a dependant of a Tier 1 migrant under the rules which were in place pre-July 2012 changes, you will be covered by transitional arrangements and will qualify to apply for indefinite leave to remain once you have lived in the UK with your partner for two years. If your leave to remain was granted under post-July 2012 rules you will only qualify for ILR after you have lived in the UK with your partner for five years, so you would need to extend your current dependant’s visa first at the time your husband applies for ILR, and you would be able to apply for ILR on completion of five years as dependant.

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ILR on the basis of 10-year lawful residence

Who qualifies for ILR on the basis of long residence Have you lived lawfully in the UK for a continuous period of 10 years? The first question to ask is about your absences from the UK. Have you been out of the UK for more than 540 days during this 10 year period? Have you been absent from the UK for six months or more in any one go? The next question is whether you have always made timely applications to extend your leave to remain. Has the Home Office ever returned your application as invalid? It may have seemed

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Spouses of UK citizens

Settlement: spouse, unmarried partner or civil partner of a person present and settled in the UK You can apply for indefinite leave to remain as the spouse, unmarried partner or same sex partner of a person settled in the UK after you have lived in the UK with a spouse visa for at least five years. If you initially applied for the spouse visa under the old rules (in place before 9 July 2012) you are covered by transitional arrangements and can apply after two years of residence. The requirements for settlement under the rules in place after 9 July

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Indefinite leave to remain

Indefinite leave to remain means permission to remain in the UK without any restrictions. It is not the same as British citizenship and does not give you entitlement to a British passport. People who hold indefinite leave to remain are called settled in the UK. Settled status is an equivalent of indefinite leave to remain for EEA nationals and their family members. One of the important benefits of settlement is that your children born in the UK after you are granted ILR will be British citizens by birth.  Children born in the UK at the time when neither parent is

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Work related route to settlement

If you are planning to apply for a visa which would allow you to work in the UK and eventually settle in the UK as a permanent resident, there is a limited number of options. The most straightforward way of getting permission to work, is finding an employer who is willing to sponsor you. You may then relocated to the UK as a sponsored worker under the Tier 2 General route. Tier 2 (General) visa This is an option for professional people doing highly skilled jobs (normally NQF level 6). At present, low skilled jobs are not supported by this

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How criminal record affects applications for indefinite leave to remain and nationality

Applicants for indefinite leave to remain in the UK may fall foul of the mandatory grounds for refusal on the basis of criminality, while applicants for British citizenship have to meet the new statutory requirement of good character. Immigration Solicitors from a London based firm Kadmos Consultants explain the effect of criminal convictions in the context of immigration.

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Indefinite leave to remain may be dictated by the duty to safeguard welfare of children

Best interests of the child must be a primary consideration for immigration authorities. High Court declares that this duty is overlooked in the policy on Discretionary Leave to remain as of October 2009 which requires two spells of limited leave for three years before indefinite leave to remain becomes a viable option. The case of SM and others v SSHD [2013] EWHC 1144 (Admin) was a judicial review of the policy on discretionary leave as of 2009 in relation to the children who had applied for leave to remain outside the immigration rules and were granted limited leave to remain

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Changes to English Language requirements for settlement and naturalisation

The UKBA has published a statement of intent announcing plans to tighten English language requirements for applicants for indefinite leave to remain and naturalisation. From 28 October 2013 applicants for indefinite leave to remain and naturalisation will be required to pass a two stage test which will include the Life in the UK test and English language test at B1 level in speaking and listening. From 25 March 2013, the test is based on the handbook “Life in the United Kingdom: A Guide for New Residents”. Tests passed before 25 March 2013 will continue to be valid and there will

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