For everyone hoping to settle permanently in the UK, applying for Indefinite Leave to Remain (ILR) marks a dramatic turning point, but your type of visa and personal situation will affect the guidelines and deadlines for when you could apply for ILR. Many times asked whether one can apply for ILR after two and half years of UK residency.
One type of permanent residence available in the United Kingdom is indefinite leave to remain (ILR.). Usually the last step before requesting British citizenship lets you live and work free from any constraints in the UK. Among the several advantages ILR offers are free access to education and healthcare free from Visa requirements. But depending on the kind of your visa, the route to ILR is one of fulfilling particular residency requirements, which guides when you could apply.
Usually five years, ILR is granted to those who have lived in the UK for a designated period; the length of time varies though. While some visa types let applicants apply sooner, others call for a longer waiting time. Whether you meet all the eligibility requirements and which visa you carry will mostly determine whether or not you may apply for ILR after 2.5 years.
UK Visa Categories and ILR Eligibility:
Different visa types have different deadlines and requirements regarding when you might apply for ILR. Most persons on work or family visas must wait five years before they may apply for ILR. There are a few categories, though, where you might fit differently or qualify sooner. Like:
Standard path to ILR is five years of continuous residence in the UK, should you be in the UK on a spouse or partner visa. Usually split into two 2.5 year periods, this allows you to apply for a visa renewal following which Sadly, you cannot apply for ILR straight following the first 2.5 years; but, you will be able to apply following the second 2.5-year period, so totalling five years.
The skilled worker visa also requires five years of residence prior to application for ILR. You cannot apply after just 2.5 years, same like with the spouse visa. Still, you have to make sure you keep fulfilling the criteria for your visa, including keeping your job under a licensed sponsor.
Those who have been in the UK for ten continuous years have an option to apply for ILR under the long residence rule. This is a different road and does not apply to those hoping to apply for ILR following just 2.5 years.
Also Read: Helpful Guide on Renewing Your UK Spouse Visa After 2.5 Years
Variations and Quick Routes to ILR:
Although most people advise waiting five years to apply for ILR, there are some exceptions whereby one may apply earlier. Still, the application timeline usually stretches longer than 2.5 years even with these exceptions.
The Value of Unbroken Continuity:
One of the main requirements for applying for ILR is proving ongoing UK residence. This implies that you had to have been living in the UK for the necessary five years without showing any notable absences. Should you wish to apply following two and a half years, it is crucial to be aware that your ILR application will be rejected if you fail the full residency criteria.
Your eligibility for ILR may suffer if you live abroad from the UK. Generally speaking, during your qualifying residency period you shouldn’t have spent more than 180 days outside the UK in any 12-month period. Ignoring this criteria could cause your ILR application to be turned down.
Also Read: Guide to Immigrating to the UK
Conclusion:
Even if most of the time it is not possible to apply for ILR after only 2.5 years, knowing your visa category and the particular residency requirements will help you to map your road to permanent settlement in the UK. If you have any questions regarding your eligibility or the application procedure, be sure to speak with immigration professionals in London.
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