SETTLEMENT BY INVESTMENT
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.
What are the main eligibility requirements for Settlement by Investment?
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.
What else do I need to know about Settlement 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.
SETTLEMENT FOR PARTNERS AND FAMILY MEMBERS
The UK offers several routes to settlement for partners and family members of British citizens and settled persons in the UK, under the Spouse or Civil Partner, Unmarried Partner, Adult Dependent Relative and Child immigration routes.
What are the main eligibility requirements for Settlement for Partners and Family Members?
If applying for indefinite leave to remain as a Spouse, Civil Partner or Unmarried Partner, you will need to have completed 5 years (60 months) in the UK as the partner of a British citizen or settled person. You will also need to satisfy the strict financial requirement under Appendix FM to the Immigration Rules.
Unless an exemption applies, you will also need to meet the higher English Language requirement that applies to settlement applications and have passed the Life in the UK test.
If applying for indefinite leave to enter or remain as an Adult Dependent Relative or Child, you will need to demonstrate that you will be adequately maintained, accommodated and cared for without recourse to public funds. There is no English language requirement and it is not necessary to pass the Life in the UK test.
Each of the family related settlement categories also have their own additional eligibility criteria, which are summarised below.
What else do I need to know about Settlement for Partners and Family Members?
If you qualify for settlement, 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 under 18 or 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.
WORK RELATED SETTLEMENT IN THE UK
The UK offers several routes to settlement by working in the UK. Work related settlement routes include the Skilled Worker visa, the Innovator visa, the Sole Representative of an Overseas Business category and the UK Ancestry visa.
What are the main eligibility requirements for work related settlement?
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 of 5 years lawfully in the UK in a permitted category;
- You have not been absent from the UK for more than 180 days in any rolling 12 calendar month periods preceding the date of application;
- You have sufficient knowledge of the English language (unless an exemption applies);
- You have taken and passed the Life in the UK test (unless an exemption applies).
Each of the work related settlement categories also have their own additional eligibility criteria, which are summarised below.
What else do I need to know about work related settlement?
If you qualify for settlement, 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 under 18 or 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.
LONG RESIDENCE ILR
If you are a non-UK national and have lived in the United Kingdom continuously and lawfully for 10 years, you may qualify for indefinite leave to remain (ILR) in the UK on the basis of long residence.
Requirements for ILR on grounds of Long Residence
In order to qualify for indefinite leave to remain on the ground of long residence, you will need to satisfy UK Visas and Immigration that:
- You have spent a period of at least 10 years residing in the United Kingdom continuously and lawfully; and
- Your 10 year period of lawful residence is unbroken; and
- There are no public interest reasons why it would be undesirable to grant you indefinite leave to remain; and
- There are no general grounds for refusing your application (such as a relevant criminal conviction); and
- You have demonstrated sufficient knowledge of the English language and about life in the United Kingdom; and
- You are not in the United Kingdom in breach of immigration laws.
You will have a break in your residence if at any time during the period relied upon:
- You were absent from the UK for more than 18 months in total; or
- You were removed or deported from the UK; or
- You left the UK having been refused leave to enter or remain;
- You evidenced a clear intention not to return to the UK on leaving; or
- You left the UK with no reasonable expectation of being able to return lawfully; or
- You were sentenced to a period of imprisonment (not suspended) or directed to be detained; or
- You were absent from the UK for more than 6 months at any one time; or
- You were absent from the UK for less than 6 months but had no leave either upon departure or return (or both).
When assessing whether there are any public interest reasons why it would be undesirable to grant you indefinite leave to remain, the Home Office will consider the following factors:
- Your age;
- The strength of your connections in the UK;
- Your personal history (e.g. character, conduct, associations, and employment record);
- Your domestic circumstances;
- Any compassionate circumstances; and
- Any representations submitted on your behalf.
What else do I need to know about ILR on the basis of Long Residence?
The Home Office has a discretion to grant long residence applications where the applicant has absences in excess of 540 days in total or a single absence of more than six months. You would need to demonstrate that the absence(s) was/were for an exceptional or compelling reason.
If you have not completed the Life in the UK test or met the English Language requirement, you may be able to extend your stay in in the UK, rather than apply for indefinite leave to remain.
The qualifying 10 year period does not need to have been completed recently. You can rely on a historic continuous period of 10 years lawful residence.
If you have dependants, they may need to apply to switch into a different category of the Immigration Rules, such as the Spouse or Civil Partner or Child categories.
Once you have been granted indefinite leave to remain on grounds of long residence, you will be free from any immigration time restrictions. You will not lose your indefinite leave to remain unless you are absent from the UK for more than two years or commit a serious offence.
It is possible to apply for ILR on the basis of long residence at a Super Priority appointment at the Home Office and receive a decision within 1 working day.
A long residence application is deemed to be a human rights claim and will trigger a right of appeal if refused.
RETURNING RESIDENT VISA
If you are a non-UK citizen and are not currently in the UK, but have previously been granted indefinite leave to remain in the UK, you may be eligible to return to the UK for settlement on the basis of a returning resident visa.
Requirements of the Returning Resident visa
The requirements that you will need to satisfy in order to be admitted to the UK for settlement as a returning resident will vary depending upon whether you have been away from the UK for more, or less than, 2 years.
If you have been outside the UK for more than 2 years, you should apply for a Returning Resident visa before travelling. You may also apply for a Returning Resident visa if you have been away for less than 2 years. In each case, entry to the UK may be refused if the requirements of the Immigration Rules are not satisfied.
Requirements for entry as a Returning Resident: absent from the UK for less than 2 years
You may be admitted to the UK for settlement as a returning resident if the Immigration Officer on arrival is satisfied that you:
- Had indefinite leave to remain in the UK when you last left the UK; and
- Have not been away from the UK for more than 2 years; and
- Did not receive assistance from public funds towards the cost of leaving the UK; and
- Now seek admission for the purpose of settlement.
If you consider that the Immigration Officer may have concerns in relation to your ability to satisfy any of the above requirements then you should consider applying for a Returning Resident visa before you travel.
Requirements for entry as a Returning Resident: absent from the UK for more than 2 years
If you have been absent from the UK for over two years then you should apply for a Returning Resident visa before travelling to the UK. You will need to satisfy UK Visas and Immigration that you:
- Had indefinite leave to remain in the UK when you last left; and
- Did not receive assistance from public funds towards the cost of leaving the UK; and
- Now seek readmission for the purpose of settlement; and
- There are good reasons for you to be admitted as a returning resident.
What else do I need to know about the Returning Resident visa?
Having strong family ties in the UK, or having lived in the UK for most of your life, may be good reasons for you to be admitted as a returning resident. However there may be other good reasons.
Intervening visits to the UK may assist; however they may also undermine an application for a returning resident visa depending upon the timing and circumstances of the visits.
In the event that you cannot meet the requirements to enter the UK as a returning resident, but you have previously spent a continuous period of 10 years lawfully in the UK, you may be able to enter on another basis and then submit a Long Residence application.
In the event that your application is refused, you will have a right of appeal against the decision, if you have raised a human rights claim as part of your application.