Indefinite leave to remain

Qualifying periods differ by route

The qualifying period depends on the route relied on, and the rules on absences and continuous residence differ between routes. Applying before the qualifying period is complete is one of the most common avoidable problems we see.

Absences and continuous residence

Absences need to be listed accurately and, where relevant, explained. Where there have been gaps in leave or a change of route, the position needs to be set out clearly rather than left for the caseworker to reconstruct.

Our role

A solicitor reviews the immigration history, advises whether and when to apply, sets out the documents required, and prepares the application. Refugee and protection-route settlement is advised on separately, on its own rules.

Who this page is for

• Applicants completing a qualifying period on a work, family or long-residence route
• People with significant or poorly documented absences from the UK
• Applicants who have changed route, or who have had a gap between grants of leave
• Partners and children applying for settlement alongside or after a main applicant
• Applicants whose settlement application has been refused

How the process works

• A solicitor reviews the immigration history across the whole qualifying period
• Absences and continuity of leave are checked against the rule that applies to the route
• Written advice on whether to apply now or later, and on what needs to be in place first
• An evidence list is issued and the documents provided are reviewed against it
• The application and any explanatory submissions are prepared and approved by a solicitor
• We advise on dependants, and on what settlement means for later applications

Evidence and documents

Settlement applications are usually evidenced with passports and travel history, previous grants of leave, employment or relationship evidence for the qualifying period, evidence of address, and the knowledge of language and life requirements. Where absences were for work, study or a family emergency, contemporaneous evidence is more persuasive than an explanation written years later.

Where applications most often run into difficulty

• Applying before the qualifying period is complete
• Absence lists that do not match passport stamps and travel records
• Missing evidence for an early part of the qualifying period
• Language or life-in-the-UK requirements left too late
• Assuming refugee, protection or other specialist routes follow the same rules — they are advised on separately

Fees

We agree fees in writing before substantive work begins, and we confirm what is included in the scope of work. How we charge, and the Home Office fees that are payable in addition to our professional fees, are explained on our fees page.

If you would like the position on your own facts reviewed, make an enquiry and we will confirm the next step in writing. An enquiry is a request for a consultation; it is not advice, and it does not create a solicitor-client relationship.