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Successfully Seeking Asylum in the UK: Key Legal Considerations
April 7, 2025Obtaining Indefinite Leave to Remain (ILR), or UK permanent residency, is a significant milestone for many individuals living in the UK. It grants you the right to live, work, and study in the UK without immigration restrictions. This guide will walk you through the application process and highlight key legal considerations.
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Understanding Indefinite Leave to Remain (ILR)
ILR grants you permanent residency status in the UK.
It’s the step before applying for British citizenship.
Eligibility varies depending on your current visa type.
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Eligibility Criteria: Key Requirements
Residency Requirements:
Typically, you must have lived in the UK for a specific period (usually 5 years) on a qualifying visa.
The duration varies based on your visa category (e.g., Skilled Worker visa, Family visa).
The 10 year long residence route is also used.
Continuous Residence:
You must meet the continuous residence requirement, with limitations on time spent outside the UK.
English Language and “Life in the UK” Test:
You’ll need to pass the “Life in the UK” test.
You’ll also need to demonstrate your English language proficiency.
Good Character Requirement:
You must demonstrate good character, with no serious criminal convictions.
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The Application Process: Step-by-Step
Online Application:
Apply online through the UK government’s official website (gov.uk).
Gathering Supporting Documents:
Prepare all necessary documents, including:
Passport and Biometric Residence Permit (BRP).
Proof of continuous residence.
“Life in the UK” test pass certificate.
Evidence of English language proficiency.
Biometric Appointment:
Attend a biometric appointment to provide fingerprints and a photograph.
Application Fee:
Pay the required application fee.
Decision:
The Home Office will review your application and make a decision.
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Key Legal Considerations
Changes in Immigration Rules:
UK immigration rules are subject to change, so stay updated.
Importance of Accurate Information:
Providing accurate and complete information is crucial.
Seeking Legal Advice:
Consider seeking advice from an immigration solicitor to ensure your application is strong.
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Common ILR Routes
Skilled Worker Visa Route:
Many people gain ILR after 5 years on a skilled worker visa.
Family Visa Route:
Spouses and partners of British citizens or settled persons can apply after a qualifying period.
Long Residence Route:
Those who have legally lived in the UK for 10 continuous years may apply.
Conclusion:
Applying for UK permanent residency requires careful preparation and adherence to specific legal requirements. Understanding the process and seeking professional advice can significantly increase your chances of a successful application.
For further advice please get in touch with our team today by calling 020 8538 0182 or +44 7857 809932, or you can email us on [email protected].
Please note these blogs are to enhance your knowledge and are not tailored advice, for specific advice please get in touch with our outstanding team.