You can apply for Indefinite Leave to Remain (ILR) as a parent of a British or settled child under the 5 years route once you have completed 5 years of residence in the UK with leave to remain under the parent route (5 years route).

The application for ILR is made online using the form SET (M). You should continue to meet all the requirements at the time of your application and must provide all the supporting documents as evidence to support your application.

We are experts in dealing with all types of ILR applications and if instructed we will carry out all the work on the application until the decision is received from the Home Office UKVI.

If you need legal advice or help with a UK visa application or any other immigration matter, get in touch with our highly experienced immigration solicitors in London on  0203 432 6006 or fill in our online enquiry form.

Eligibility Requirements

There are certain requirements which must be fulfilled for someone to become eligible to apply for Indefinite Leave to Remain.

The most fundamental requirements are:

  1. Continuous Residence Requirement
  2. Suitability Requirement
  3. English Language Requirement
  4. Life in the UK Test Requirement

Continuous Residence Requirement

Continuous lawful residence in the UK is the main requirement of Settlement applications. Continuous residence means the time you've spent in the UK without gaps.

ILR applicants are required not to be absent from the UK for more than 180 days in any 12 months during the ILR qualifying period. Such restriction of 180 days does not apply to ILR applications as family members of British Citizens and settled persons.

Suitability Requirement

The ILR applicant must meet the suitability criteria as set out in Appendix FM of the Immigration Rules. Your application should not fall for refusal on the general grounds of refusal and many other factors may form part of the assessment of your ILR application.

These factors may include your personal history, grounds of public interest as to why it would be undesirable to grant you ILR, your immigration history as you must not have breached the conditions attached to your leave, any period of overstay unless paragraph 39E is applicable and any other adverse factors indicating you are not a person of good character.

English Language Requirement

You need to prove your knowledge of the English language if you are applying for settlement / ILR to settle in the UK and you are 18 or over.

ILR applicants from non-English speaking countries need to prove their knowledge of English by passing a secure English language test (SELT) taken through a Home Office approved English language test centre.

You can prove your knowledge of the English language by having either an English qualification at B1, B2, C1, or C2 level or a degree taught in English.

Life in the UK Test Requirement

The Life in the UK test is a compulsory requirement for Indefinite Leave to Remain applications. The main object of the Life in the UK test is to prove that the applicant has adequate knowledge of British life such as British values, history, traditions and everyday life.

You must meet all other requirements depending on your circumstances.

Why choose Western Solicitors

  • Expertise: Our solicitors are legal experts in the field of immigration law and have years of experience in handling immigration cases.
  • In-depth knowledge: Our immigration solicitors keep up to date with the latest changes and developments in immigration law. This means they can provide you with the most up-to-date and accurate advice on your specific immigration issue.
  • Support: We will provide you with the necessary support and guidance throughout the immigration process. We will advise you on any legal requirements or potential obstacles that may arise.
  • One-stop service: We will advise you about eligibility criteria, requirements, and required supporting documents. We will prepare your whole application and submit it to the Home Office.
  • Time-saving: Applying for any type of visa or citizenship can be a complex and time-consuming process. By using our service, you can rest assured that your application will be prepared and submitted correctly, saving you time and stress.
  • Better chance of success: We can help you to present your case effectively which can maximize your chances of success.