Indefinite Leave to Remain

To qualify for Indefinite Leave to Remain, applicants must first have been present in the UK for a specified period, usually on a temporary visa of some type. Please see the table below for a breakdown of how long you must have been in the UK on various visas before being eligible to apply for ILR

  • Tier 1 categories: by spending a continuous period of five years in the UK
  • Tier 2 General category: by spending a continuous period of five years in the UK
  •  Marriage/Unmarried Partner/Civil Partner Visa: by spending a continuous period of two years in the UK
  • Ancestry Visa: by spending a continuous period of five years in the UK
  • EEA citizen: by spending a period of five years exercising EC Treaty rights in the UK
  •  Lawful stay on any basis: by spending a continuous period of 10 years in the UK
  • Unlawful stay or partly unlawful stay: by spending a continous period of 14 years in the UK

Form SET(M)

You can use form SET(M) to apply to settle here as the husband, wife, civil partner or unmarried/same-sex partner of a British citizen or someone who is settled here.

Form SET(F)

Form SET(F) is for settlement applications by family members (except partners) of British citizens or people who are settled here. You can apply using form SET(F) if you are:

  • a child aged under 18 of a parent, parents or a relative who is a permanent resident of the UK and currently living here;
  • the adopted child aged under 18 of a parent or parents who are permanent resident of the UK and currently living here; or
  • the parent, grandparent or other dependant relative aged 18 or over of a person who is a permanent resident of the UK and currently living here

Form SET(DV)

Form SET(DV) is for settlement applications by the victims of domestic violence. You should use form SET(DV) if you have been given temporary permission to remain in the UK as the partner of a permanent resident, and the relationship has broken down because you have suffered domestic violen

Form SET(BUS)

You can use form SET(BUS) to apply for settlement as a retired person of independent means or a sole representative of an overseas firm.

Form SET(O)

Form SET(O) is for many other types of settlement applications. You can use form SET(O) if you are currently in one of the following immigration categories and you have been living in the UK in a relevant category for five years:

  • Tier 1 or Tier 2 of the points-based system (excluding the Post-study work category of Tier 1)
  • work permit holder
  • businessperson
  • innovator
  • investor
  • representative of an overseas newspaper, news agency or broadcasting organisation
  • private servant in a diplomatic household
  • domestic worker in a private household
  • overseas government employee
  • minister of religion, missionary or member of a religious order
  • airport-based operational staff of an overseas-owned airline
  • self-employed lawyer
  • writer, composer or artist
  • UK ancestry
  • highly skilled migrant under the Highly Skilled Migrant Programme (HSMP) - but if you applied to the HSMP before 3 April 2006 and came to the UK on the basis of that application, you can apply after you have been in the UK for only four years.

For more information visit: www.bia.homeoffice.gov.uk

   
 
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