The Indefinite Leave to Remain (ILR) – 5 Year Route is a pathway that allows certain visa holders in the UK to apply for permanent residency after five years of continuous lawful residence. This route generally applies to those who have held specific types of visas or leave to remain for five years, such as family, work, or asylum categories, and who meet additional criteria set by the UK Home Office.

Key Requirements for ILR on the 5-Year Route
Eligibility Based on Visa Type:

• Applicants must hold one of the eligible visa types that qualify for the 5-year ILR route, including:
  
  1. Spouse or Partner Visa: Spouses or partners of UK citizens or settled persons.
  2. Skilled Worker Visa: Individuals who have held a Tier 2 (General) or Skilled Worker visa.
  3. Ancestry Visa: Commonwealth citizens with UK ancestry.
  4. Asylum or Humanitarian Protection: Refugees or individuals granted humanitarian protection.
  5. Parent of a British Child: If you’re the parent of a British or settled child.
• Other categories may also qualify, depending on specific Home Office regulations.

Continuous Residence Requirement

• 5-Year Residence: Applicants must have lived in the UK continuously for at least five years on an eligible visa without major breaks in residence.
• Absences: Time spent outside the UK must generally not exceed 180 days in any 12-month period throughout the 5-year period. Exemptions for work or family emergencies may be considered if documented.

Knowledge of Language and Life in the UK

• Life in the UK Test: Applicants must pass the Life in the UK Test.
• English Language Requirement: Must demonstrate English language skills, usually at B1 level or higher on the Common European Framework of Reference (CEFR). This can be proven through a recognized English test or an academic degree taught in English.

Good Character Requirement

• Applicants must have a clean criminal record and demonstrate “good character,” which includes compliance with immigration laws, no criminal convictions, and fulfilling tax obligations.

Application Process

• Form: Applications are typically submitted using Form SET(M) for family routes or SET(O) for other eligible categories.
• Timing: Applications can usually be submitted 28 days before completing the 5-year qualifying period.
• Biometric Data: Applicants must provide biometric data as part of the application.
• Fees and Health Surcharge: Applicants must pay the ILR application fee, and if required, the Immigration Health Surcharge (IHS).

Documents Required

• Current Passport and any previous passports covering the 5-year period.
• Biometric Residence Permit (BRP), if applicable.
• Proof of Continuous Residence: This may include utility bills, rental agreements, or employment records.
• Life in the UK Test certificate and proof of English language ability.

Benefits of ILR
Once granted, ILR provides a permanent right to live, work, and study in the UK, with no restrictions on travel or employment. ILR holders may also access certain public funds and apply for British citizenship after one year if they meet the requirements.

Please contact our UK immigration lawyer for immediate assistance by sending an email to us at contact@aaraflaw.co.uk and one of our UK immigration lawyer shall call you back. Alternatively, you can call us on 0203 442 0292.