The UK Immigration System

Introduction to the UK system

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Home Office fees

UK Immigration Routes

Tier 1

Tier 2

Settlement

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An Overview of Settlement in the UK

A successful Settlement application results in the grant of Indefinite Leave to Remain (ILR). ILR is also known as Permanent Residence (PR).

There are three main routes to ILR: Employment, Partner (Marriage), and Long Residence.

Employment Route to ILR

• Five years continuous lawful residence in any combination of Work Permit, Tier 1 General, and Tier 2 is sufficient to make an application for ILR. Please note that time spent as a Post Study Work (PSW) holder can not be included.
• It should be noted that the UK government has signalled its intention to break the link between Tier 2 and ILR in the near future
• Allowable absences from the UK are those which are less than three months for any single trip, and which total less than six months in five years. Absences resulting from annual leave and/ or from business trips are ignored.
• For those whose status is Tier 1 General at the time of Settlement application there is now a points based requirement similar to that for a Tier 1 General application. We await a legal challenge to this change.
• For the Employment route to ILR, use the SET(O) form

Partner (Marriage) Route to ILR

• 'Partner' includes a husband, wife, or cohabiting partner of a British Citizen or a person with Settled Status
• Initially, two years of leave are granted. At the end of this period, if the relationship is still subsisting, the partner will qualify for ILR.
• For the Partner (Marriage) route to ILR, use the SET(M) form

Long Residence Route to ILR

• To qualify for the Long Residence route, the applicant should have 10 years of continuous lawful residence in the UK. Time spent as a Tier 1 Post Study Work holder is included.
• Alternatively, the applicant should have 14 years of continuous residence in the UK, which may include periods of unlawful residence
• Absences are permitted so long as they are no more than six months for any single trip, and total no more than 18 months in all
• For the Long Residence Route to ILR, use the SET(O) form

Once ILR has been granted, permitted absences may be of up to two years whilst still retaining ILR.

After ILR has been granted, applicants can choose to progress to a British Citizenship Application. The advantages of Citizenship include a British passport, the right to vote in UK elections, and the ability to be absent from the UK for any amount of time whilst retaining Citizenship.