Settle in the UK

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

Indefinite Leave to Remain in the UK: Settlement as a worker, partner, family member or after 10 years residence. Advice on settled and pre-settled status under EU Settlement Scheme, including how time you spent abroad could affect it. Advice on new eVisa after BRP ends in 2024.

 

eVisa and what happens when all BRPs expire on 31.12.2024

From 2025 all UK visas will be as an eVisa. An electronic status in the UK Government system, without a physical card or stamp. All current BRPs “expire” on 31.12.2024, but it does not represent the expiry date of your status. The visa eligibility rules, and requirements towards the evidence, remain the same. If you have  a BRP that expires on 31.12.2024,  you can transfer to eVisa now by creating a new-generation UKVI account here.

 

Waiting times for ILR

The standard processing time by the Home Office is within 6 months. There is a fast-track service in most categories, with decision made by the next working day after the biometrics. If your application is under EU Settlement Scheme, it can be an instant online decision, or you may have to provide additional evidence with the decision taking longer; it depends on how much information the Home Office has about you, such as your work and tax records.  

 

What is my status while waiting, can I work and rent?

If you submitted ILR application before your previous visa expired (even on its last day), your status automatically extends in the same category as before, all the way until decision. This is known as a Section 3C leave. For as long as it takes, doesn’t matter if it runs beyond the old visa expiry date.

 

Example: you had a Skilled Worker visa, before it expired you applied for Indefinite Leave. It can take up to 6 months, so your status would continue as Skilled Worker during that time. Meaning you can only work for your Sponsor until the approval of ILR.

 

Can I travel while waiting?

You cannot travel abroad after applying and until the decision. If you do, your applications gets cancelled.  

 

Can I combine visa categories to get 5 years?

It depends on the categories in question. Examples of permitted combinations: Skilled Worker and Global Talent or other way around; Tier 1 Entrepreneur and Skilled Worker but not other way around. 

 

Categories that cannot be combined to get 5 years

Student and Skilled Worker, Graduate and Skilled Worker. Ancestral visa cannot be combined with others. Spouse or Partner visa needs 5 years in the 5-year route and cannot be combined with another category or with the same category in 10-year route. Main and dependant visas cannot be combined, such as Skilled Worker cannot be combined with a SW Dependant. Main is main, dependant is dependant, these are different visa categories.      

 

Hong Kong BNO visa and combinations

This visa needs 5 years in the UK, with the latest being a BNO visa. It can be combined with any previous category that leads to Settlement. For example, Skilled Worker + Hong Kong BNO. Or a Partner visa + Hong Kong BNO. But Student + BNO won’t work because Student visa is not a category that leads to Settlement.

 

Partner and Private Life 10-year route

Partner, Parent and Private Life visas can normally be combined to make up 10 years for ILR. Some other categories can also be included if they lead to settlement (such as Skilled Worker), if you are not an illegal entrant. A child born in the UK can get settlement after 7 years in the UK on any status (including without a legal status) and/or can be registered as British after 10 years. Otherwise, a child or a young adult need 5 years on Private Life visas to qualify for ILR; an adult – 10 years. This is different from the below Long Residence route, where almost all categories can be combined. 

 

For immigration advice, Book online consultation here. A call over Zoom or WhatsApp costs £150 if you prefer to talk to a lawyer. An email consultation costs only £120 and we provide answers by the next working day. Advice fee counts towards our future services with a visa application, so the final fee is the same, just split into 2 stages. 

 

1st 4Immigration is one of the most experienced UK immigration law companies, OISC – accredited at the highest Level 3. We have been in business for over 15 years, our OISC reference is 200800152, in which 2008 stands for the year accreditation. Office: Tower 42, 25 Old Broad Street, London, EC2N 1HN. Website 1st4immigration.com

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