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UK Visas
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Lynwick Street
Rudgwick, West Sussex
RH12 3DG UK
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Settlement

UK Visas have specialist consultants authorised by the OISC to provide advice on indefinite leave to remain (ILR) and British citizenship.  The laws concerning both are forever changing so using a firm such as UK Visas to manage your particular case is well worthwhile, particularly as the Home Office charges for processing these applications are considerable and non-refundable.

Here is an overview of the current rules relating to people wishing to settle in the UK:

Once you have lived legally in the UK for a certain number of years you may apply for "Indefinite Leave to Remain" (ILR) or "Permanent Residency" (PR) as it is also known.  Many migrants who come to live and work in the UK aim for this status as it is also the last step towards British Citizenship.

ILR allows a person after a set period of time (depending on the visa they are on – see table below) to make an application to settle – ie: remain in the UK indefinitely. The main benefits of ILR apart from ensuring that a person does not have to return home when their visa expires are as follows:

·         No more immigration related restrictions on the business or work that you may do within the UK

·         No time limits on the length of your stay in your UK

·         You will not have to apply for anymore visa extensions

To qualify for ILR (also known as Permanent Residence), you will need to remain in the UK on your specific visa for a set amount of time. The number of years you must have been here in the UK before you can apply for ILR needed varies dependant on the visa you currently have, so:

·         Spouse or Partner visa holders may apply after five years

·         Tier 1 (Investor) visa holders may apply after 2,3 or 5 years depending on the extent of their investment

·         Tier 1 (Entrepreneur) visa holders may apply after 3 or 5 years depending on the number of new jobs created or business income created.

·         HSMP visa holders (who applied before 3rd April 2006) may apply after four years

·         Turkish business person or family member may apply after four years

·         Tier 1 or Tier 2 visa holders may apply after five years

·         Those on Ancestry visas, writers, composers and artists visa may apply after five years

·         Legally here under any visa without interruption may apply after ten years

·         Those here unlawfully at any time may apply after fourteen years

 

Fees breakdown

Our fee for managing an ILR application is:

Postal application for those on Tier 2 (General) or Spouse/Partner visas:

£650 + VAT

Postal Application for those on Tier 1 visas, salaried earnings:

£850 + VAT

Postal Application for those on Tier 1  visas, self-employed:

£1200 + VAT

Same day service (not available for Tier 1 ILR applicants):

Add £450 + VAT

Dependants:

no extra charge

The Home Office charges are:

Postal application:

£2297 per applicant

Same day service:

£2887 per applicant

 

Changes affecting all applicants

The following two changes affect everyone.

1. Criminal Convictions

You can no longer apply for Indefinite Leave to Remain if you have been convicted of a crime and not enough time has passed for the conviction to become "spent".     "Spent" is a legal term that means the conviction can no longer be held against you in line with the Rehabilitation of Offenders Act 1974. Please note this includes traffic offences such as drink driving or driving without insurance for example but does not include penalty charge notices, parking tickets or fines.

2. Dependants

Prior to 6th April 2011 your dependents would be granted ILR with the main applicant regardless of their length of time in the UK.  UKVI then restricted this so that the dependant had to show they had been living at the same address as the main applicant for no less than 2 years before they can apply for Indefinite Leave to Remain. Since 9 July 2012 dependants cannot apply apply until they too have been residing here for five years.

Changes affecting those who are currently on a Tier 1, Tier 2 or Work Permit visa

Tier 1 (General) visa holders applying for ILR will now have to satisfy the same points requirement they needed to qualify for their Tier 1 extension (i.e. 75 points if you got your first HSMP/Tier 1 visa before 6th April 2010 or 80 points if after.

Tier 2 visa holders now have to show that their earnings continue to comply with the relevant Code of Practice applying to their role.

Recent changes to the rules – as of 6th April 2012

Anyone applying for ILR under the family migration route must show they have the means to support themselves and pass an English test at B1 level.

From 6 April 2016, Tier 2 migrants (other than PhD scientists and researchers) applying for ILR must show they have earned £35,000 p.a. or more. On 6 April 2018 the earnings limit increases to £35,500 and then, on 6 April 2019 it increases to £35,800 and, from 6 April 2020 it increases again to £36,200 p.a.

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