Saturday 28 February 2015

UK Indefinite Leave to Remain

Before you decide to apply for the indefinite leave to remain, you will have to appear for the Life in the UK test to show that you know about the life in the UK. This test is computer based with duration of 45 minutes and 24 questions. The test will also ask you about the part of UK you live in.

After passing the test, you can then start the process of applying for Indefinite Leave to Remain. The government website will have questions about immigration status and will specify what form you will need to fill.

If you have passed your test then there are only two forms you will need.

1. SET(M) –Application for indefinite leave to remain in the UK as the partner of a person present and settled in the UK

If you are applying as a spouse, civil partner, same sex or unmarried partner of a person present and settled in the UK.

2. SET(O) - Application for indefinite leave to remain in one of the categories listed below

These forms kindly come with a guidance report with detailed instructions which is very useful so it is beneficial to fill the forms while reading the guidance carefully.
  • Work permit holder
  • dependent of work permit holder
  • PBS dependent
  • employment not requiring a work permit
  • businessperson
  • innovator
  • investor
  • highly skilled migrant
  • highly skilled migrant under the terms of the Highly Skilled Migrant Programme indefinite leave to remain judicial review policy document
  • self-employed lawyer
  • writer, composer or artist
  • Tier 1 (General) migrant
  • Tier 1 (Entrepreneur) migrant/ migrant-accelerated route
  • Tier 1 (Investor) migrant/ migrant- accelerated route
  • Tier 2 migrant
  • UK ancestry
  • bereaved partner- can apply immediately after partner’s death
  • other purposes not covered by other application forms
The timings of waiting for the reply of your application vary. These timings have been collected over years and are just a mere guidance. It is also advisable that no travels are made unless urgent until documents have been returned.
  • Postal Applications: 95% of postal applications are decided within six month
  • Applications made in person: 90% of applications made in person at a public enquiry office are decided on the same day.
After you have been given the Indefinite Leave to Remain label you must not be absent from the UK for two consecutive years. This will allow you to stay in the UK indefinitely for as long as you like.

If you have been away for more than two years, then you have to apply for a Returning Resident Visa before flying back. The exceptions to be allowed to enter after two years away is if you have strong family ties or lived here most your life.

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