Foreign nationals who have been residing in the UK may apply to settle here if they meet the qualifying residency and eligibility criteria as applicable to them under their respective immigration routes. Individuals typically need to spend at least 5 years in the UK to apply for settlement, although there are some accelerated provisions available for some routes.
The following are some of the common routes that lead to Settlement in the UK.
Each immigration route has different eligibility criteria to obtain Indefinite Leave to Remain in the UK. However, there are basic requirements which are common to all applications. For example, Lawful & Continuous residence is a key criterion to be met for all settlement application. Although an individual's passport is often sufficient to evidence their immigration history, at times, the UKVI may require extensive evidence to assess an applicant's right to permanent residence.
Having not accrued excessing absences from the UK is also an important eligibility requirement for a settlement application. The general rule for work-based settlement under 5-year route is that the absence should be less than 180 days in any 12 months periods during the qualifying period. In relation to Long Residence settlement, the total absence must be less than 540 days during the 10 year period, with no single absence of more than 180 days. It is also necessary for applicants to meet Language & Life in the UK criteria.
Our Immigration lawyers at City Legal have immense experience in assisting clients on Settlement under various routes and have dealt with many complicated cases of absences and those with discretionary reasons. We are a multi award-winning law firm and pride ourselves in being approachable, innovative and always going that extra mile to make sure our clients receive the individual attention they deserve. Our Immigration team maintains a high reputation and is committed to providing clear, transparent and reliable advice to our clients.