If you are on a temporary visa here in the UK, after a certain amount of time you may be eligible to apply for Indefinite Leave to Remain.  The type of visa you have will affect the length of residence required before you can apply.

Normally this is either 5 years, for example those on spouse/civil partner visas , ancestry visas or Tier 2 visas; or in some instances, 10 years residence is required for example those on the 10 year partner/parent route or people who have switched visas over time and wish to rely upon 10 years of legal residence in the UK.

There are different requirements depending upon the type of visa you have but in all instances, as well as the residence requirement individuals must pass the Life in the UK Test and English Language test currently set at Level B1.

A grant of Indefinite Leave gives an unlimited right to live and work in the UK.  However, if you leave the United Kingdom then you must return within two years.  An absence of two years or more will cause Indefinite Leave to lapse and an individual would have to apply from outside the United Kingdom for the right to return as a “returning resident”.  You may also still be deported if you commit a serious offense.

Contact our experienced team today on 0808 166 8831 or email a.minnaar@sydneymitchell.co.uk or m.southall@sydneymitchell.co.uk alternatively complete our online enquiry form.

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