Settlement and indefinite leave to remain

The points that most often need checking

Absences from the UK, gaps between grants of leave, changes of route during the qualifying period, and employment history are the areas where a settlement application most often needs work before it is submitted rather than after.

How we work on a settlement application

A solicitor reviews the immigration history, calculates the qualifying period and absences against the relevant rule, advises whether it is sensible to apply now or later, and prepares the application with the supporting evidence set out clearly.

Who this page is for

• Applicants approaching the end of a qualifying period on a work, family or long-residence route
• People who have spent significant time outside the UK during the qualifying period
• Applicants who have changed immigration route, or who have had a gap between grants of leave
• Family members applying for settlement at the same time as, or after, the main applicant
• Applicants whose settlement application has been refused

How the process works

• A solicitor reviews the full immigration history from the start of the qualifying period
• Absences and continuity of leave are checked against the rule relied on for the route
• Written advice on whether it is sensible to apply now or to wait, and why
• An evidence list covering residence, employment or relationship, and the knowledge-of-language and life requirements
• The application and supporting submissions are prepared and approved by a solicitor
• Advice on dependants and on what settlement means for future applications, including citizenship

Absences and continuous residence

This is where most settlement work sits. Absences need to be listed accurately, dated from the correct evidence, and where relevant explained. Time spent outside the UK for work, family emergencies or study is treated differently depending on the route, so the history has to be checked against the right rule rather than a general impression of what is allowed. Gaps in leave and changes of route need to be set out clearly rather than left for a caseworker to reconstruct.

Where applications most often run into difficulty

• Applying before the qualifying period is actually complete
• Absence lists reconstructed from memory rather than from passports and travel records
• Missing evidence for an earlier period of leave, particularly after a change of employer or route
• Language and life-in-the-UK requirements left until the end
• Assuming the rules that applied at the start of the qualifying period still apply at the date of application

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.