Remaining in the United Kingdom can happen in many different ways. However, remaining permanently is referred to as “ indefinite leave to remain” or settlement. This indefinite leave to remain gives you the opportunity to live in the United Kingdom, work there, study there, utilize different benefits, and even subsequently apply for citizenship for whatever length of time you want. However, UK immigration law has many ways in which you might qualify for settlement.
If you already have a work visa for the United Kingdom, you can use work as a potential way to remain in the country. If you have lived and worked for the last 5 years or for the last two years for those who have a tier 1 Visa, and you meet different salary or financial requirements from your job, you might be able to apply using your work as the reason for staying. The application requirements for those who work in the United Kingdom will vary exponentially depending on whether you have a business person Visa, private servant in a diplomatic household Visa, domestic worker visa, Global Talent Visa, investor visa, skilled worker visa, or many other types of work visas. Working with a qualified attorney can help you figure out how to apply based on which of these you have.
Family is also an opportunity for you to remain indefinitely in the United Kingdom. For example, if your partner is a British citizen or they already have indefinite leave to remain, you can likewise apply for indefinite leave to remain. If your parent, child, or other relative has likewise settled in the United Kingdom as an individual with indefinite leave to remain or as a citizen, you can submit an application yourself. The Visa you have and the Visa your family member has will determine how you apply. Even if your partner has died or because of domestic violence your relationship has ended there are alternatives for you to submit an application and still take advantage of indefinite leave to remain.
Using Commonwealth citizenship
People who have been living in the United Kingdom for five years using a UK ancestry Visa are already in many cases eligible for indefinite leave to remain. Some Commonwealth citizens are also given the right of Abode which means that there are no immigration restrictions to living or working in the United Kingdom. An attorney can help you determine whether you should apply for the right of Abode and whether you have enough evidence to substantiate that claim.
Using living status
People who have lived in the United Kingdom for 10 years or longer can use their living status as a way for remaining permanently. The basis of your private life will allow you in some situations to apply for a Visa to remain indefinitely starting June of 2022.
Using other options
There are a few other options at your disposal if you are looking to remain in the United Kingdom. You may be eligible to apply for settlement if you have previously served in the armed forces, if you had an indefinite leave to remain previously and are now returning to the United Kingdom, if you have humanitarian protection or you are a refugee. Legal solutions lawyers can help you decide which option works best.
What about citizenship?
After you take advantage of indefinite leave to remain, there might be opportunities for you down the line to apply for British citizenship. This depends entirely on your circumstances, your situation, and the type of Visa you have which is why it is always best to review your situation with a qualified attorney.
Do I need an immigration attorney?
It is recommended that you use an immigration attorney. In almost all cases regarding immigration matters, it can be vastly more complex than you realize up front. While it seems easy enough at face value to fall into one of these categories, each of these categories has a handful of subcategories each of which require different applications and different evidence. To make sure your application is submitted properly and in a timely fashion without any errors, you can work with a professional solicitor who can guide you through the process. A UK solicitor, or immigration attorney can help you decide which option is right for you. While many of these sound simple, there are different applications for each and you must supply adequate evidence and corresponding paperwork for different applications. What’s more, a qualified attorney can walk you through which section is best for you, what you have to do, and what the potential outcomes are.
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