You can apply for permanent residency in the UK if you have legally been living in the UK continuously as a resident for a period of 10 years.
To be eligible, you must:
- Been continuously living in the UK legally for 10 years;
- Comply with your visa condition throughout the period of 10 years;
- Must have passed the Life in the UK test if you are aged between 18 to 65;
- Meet the English language requirements either by obtaining an approved test or by way of obtaining a UK degree or a degree that was taught in English;
- Must have clean immigration history and free from any unspent conviction – any non-custodial sentences must have occurred more than 2 years from your date of application;
- Applicants must have had their current permission for one year or have been exempt from immigration control within 12 months prior to applying for indefinite leave to remain in the UK
Additionally, you must also ensure that throughout the 10-year period, you have not exceeded relevant absences set out below. Please note that there are differing rules for absences where your 10-year period falls before or after 11 April 2024:
- Absences must be no more than 184 days at any one time for any part of the 10-year period that falls before 11 April 2024. Additionally, absences must be no more than 548 days in total for any part of the 10 year period that falls before 11 April 2024
- Absences must be no more than 180 days within any 12 months for any part of the 10 year period that falls after 11 April 2024
However, where your absences exceed the above limits, they may be disregarded if they fall within the exceptions under the immigration rules, which states that periods spent outside the UK will not count towards the period of absence if the reason for absence was due to:
- Assisting with a national or international humanitarian or environmental crisis overseas, with sponsor agreement if applicable;
- Travel disruption due to natural disaster, military conflict, or pandemic (i.e. COVID-19 Lockdown);
- Compelling and compassionate personal circumstances, such as the life-threatening illness of the applicant, or the life-threatening illness or death of a close family member.
Book your free 30-minute consultation today to check your eligibility and get expert guidance tailored to your case.