Indefinite Leave to Remain – Other Categories Route

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You can obtained indefinite leave to remain in the UK other than under the Spouse or Family Visa Route or the 10 Years Long Residence Route, by either obtaining accelerated settlement by investment in the UK or living in the UK, lawfully or unlawfully, for a period of 20 Years or more.

What is the Indefinite Leave to Remain by Investment Visa?

The UK offers two routes to settlement by investment in the UK, under the Tier 1 Investor and Tier 1 Entrepreneur categories of the points-based system. These routes also allow you to obtained Accelerated Settlement in the UK if you meet certain requirements for this.

Requirements for Indefinite Leave to Remain by Investment Visa

Whichever category you apply under, in order to qualify for indefinite leave to remain you will need to satisfy UK Visas and Immigration that:

You have spent a continuous period lawfully in the UK in a permitted category (ordinarily the continuous period will be 5 years, unless you are applying for accelerated settlement);
You have not been absent from the UK for more than 180 days in any of the rolling 12 month periods preceding the date of application;
You have sufficient knowledge of the English language (unless aged 65 or over);
You have taken and passed the Life in the UK test (unless aged 65 or over).

Each of the investment related settlement categories also have their own additional eligibility criteria, which are summarised below.

The exact requirements you will need to satisfy will vary depending on your circumstances. You may want to speak to our expert immigration lawyers for legal advice.

What else do I need to know about Indefinite Leave to Remain by Investment?

If you qualify for settlement by investment, or indefinite leave to remain, you will be able to stay in the UK without any time restrictions.

Your settled status will lapse if you are absent from the UK for more than 2 years. If your ILR has lapsed, you may wish to consider applying for a Returning Resident visa in order to return to the UK.
Achieving permanent resident status is central to qualifying for a British passport, since Naturalisation as a British Citizen requires that the applicant be settled in the UK.

You will not need to satisfy the English language requirement or pass the Life in the UK test if you are at least 65 years of age. The Home Office also has a discretion to waive the requirement if it would be unreasonable to expect you to fulfil that requirement due to a mental or physical condition. Various other exemptions also apply.

If you are already in the UK but are unable to satisfy the English language requirement, you may be able to extend your permission to stay, so that you can prove your knowledge of English.

What is the Indefinite Leave to Remain under 20 Years Long Residence Route Visa?

The UK considers that where a person has resided in the UK, whether lawfully or unlawfully, for a continuous period of 20 years or more, they are considered to be settled in the UK and eligible to apply for Indefinite Leave to Remain under the 20 Years Long Residence Route.

Requirements for Indefinite Leave to Remain under 20 Years Long Residence Route Visa

A person who has lived in the UK continuously for 20 years in the UK whether lawfully or unlawfully can apply for permission to stay in the UK for 30 months under paragraph 276ADE of the Immigration Rules.

Paragraph 276ADE of the Rules indicates that leave to remain may be granted to a long residence applicant if he or she has lived continuously in the UK:

for at least 20 years; or
for at least 7 years (and the applicant is under 18 years of age); or
for at least half of his life (and the applicant is aged between 18 and 25 years); or
for less than 20 years (and the applicant has no ties to the country to which he or she would have to go if required to leave the UK).

In calculating the period of continuous residence, any period in prison is to be discounted. A successful application under paragraph 276ADE will lead to a grant of leave to remain for no more than 30 months.

A person granted leave to remain under this paragraph may apply for further leave if he or she continues to meet the requirements of this paragraph. Such a person may apply for indefinite leave to remain after 10 years.

The exact requirements you will need to satisfy will vary depending on your circumstances. You may want to speak to our expert immigration lawyers for legal advice.

Making an Indefinite Leave to Remain Other Categories Route Visa application with OneLaw Chambers

At OneLaw Chambers, our immigration solicitors and barristers regularly assist with Indefinite Leave to Remain Other Categories Route Visa applications in order for applicants to remain and settle in the UK. We have assisted many foreign national applicants to prepare and submit successful Indefinite Leave to Remain Other Categories Route Visa applications and we have represented clients from all over the world.

Whether you require expert immigration advice on the requirements of the Immigration Rules, an independent immigration assessment of your prospects of qualifying for an Indefinite Leave to Remain Other Categories Route Visa or professional immigration representation with preparing your Indefinite Leave to Remain Other Categories Route Visa immigration application, our immigration solicitors and barristers can help you.

We are committed to ensuring that our immigration solicitors and barristers prepare every immigration visa application with utmost quality and skill so that successful outcome is achieved every time. Our immigration solicitors and barristers operate in a friendly and cooperative manner to provide our clients with the best client care and service during the entire immigration application process.

To discuss your Indefinite Leave to Remain Other Categories Route Visa application with one our immigration solicitors and barristers, please contact our Immigration lawyers on 0207 489 2044 / 0208 616 1819 or complete our enquiry form with your details.