Indefinite Leave to Remain – common myths

By 1st 4Immigration - #1 UK Immigration Experts -

Myth 1: “I can apply for an ILR (permanent residency) after 5 years of living in the UK”. Reality: you can apply for an ILR after 5 years on specified visas only, such as 5 years on Work Permit and Tier 1 General. Or 5 years on an Entrepreneur visa only (not combined with Tier 2 etc). This is because some categories are not even counted for an ILR, such as Student/Tier 4, Post-Study Work, most Tier 5 visas. The only way to qualify for an ILR based on residing in the UK alone is 10 years on any visas (or 20 years if illegal stay is involved).

Myth 2: “I have a Tier 1 (or Tier 2) visa but I married a British citizen since then. Since we have been married for 2 years I can apply for an ILR on SET(M) form”. Reality: This is a very common misconception and such application will surely be refused by the Home Office. As above, an ILR is based on a number of years on specific visas. In case of spouses of UK citizens it is 2 years on Spouse visa only (under the old Rules) and 5 years on Spouse visa only (under the current Rules). This 2 or 5 year qualifying period cannot be combined with time spent on visas not connected to a marriage, such as Tier 1 visas. It is however possible to carry on in Tier 1 or 2 route, as applicable, and apply for an ILR in your own right, as if you were not married.

Myth 3: “I spent 2 years on Tier 1 Post-Study Work visa and 3 years on a Tier 1 Dependant Partner visa. I can now apply for an ILR with my spouse (who spent 5 years on Tier 1 General) because I have spent total of 5 years in the UK, all 5 years in Tier 1 category”. Reality: a main visa, like Tier 1, is a very different thing from a Dependant visa, even if it is the same ‘Tier’ but Dependant. Dependant is dependant, main is main, they cannot be combined (expect in the 10 years of residency route). Under the old Rules PBS Dependant needed 2 years of residency in the UK and under the current Rules – 5 years. In our example, the Dependant only spent 3 years on a Dependent visa, so needs another 2 years as Dependant, even though the main visa holder can apply for an ILR before that.

For an individual advice or to make an application please contact us: info@1st4immigration.com or visit www.1st4immigration.com 

 

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