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It is a new time in the United Kingdom. And the immigration rules and regulations that have been implemented over the last six years make obtaining permanent residence in the country more difficult than ever. Difficult, but not impossible: if you are determined to get Permanent Residence (ILR), then you can do so with a bit of diligence and preparation.
Indefinite Leave To Remain is also known as SETO or STEM. Obtaining it gives you the right to stay in the UK without any restrictions on your employment. Getting this certification also entitles you to benefits and access to the country’s health care system. The application can be made on the basis of marriage, employment, or long residence. You must, however, meet the criteria in order to qualify.
Descriptions for the latter can be quite long and convoluted as presented on the Home Office website. However, when you get down to brass tacks the qualifying criteria tend to be quite straightforward.
If you intend to qualify as a spouse or partner of a British citizen, the following stipulations apply. If you entered the UK before the 9th of July 2012, then you will have already completed the initial two-year probationary period. This puts you in a satisfactory position to apply for the ILR Visa. If you applied for and obtained a spouse, civil partner, or unmarried partner visa before the aforementioned date with requirements attached, then you can apply for another 2 year probationary period under the old rules if you have failed to satisfy any one of them. You will then be able to apply for ILR afterwards.
If you applied for your vison on or after the 9th of July 2012, then your probationary period for Indefinite Leave To Remain is 5 years. The Home Office will grant you a spouse visa for 2.5 years. You will then need to qualify again for the remaining 2.5 years leave to remain. This will bring you to the ILR qualifying period. Money is also an issue. You must be able to prove that you and your sponsor are still earning enough to qualify for ILR as you did in previous spouse applications. If you don’t qualify for Indefinite Leave to Remain after 5 years because you failed to meet a requirement, then it is possible to extend your spouse visa for another 2.5 years until you meet the Home Office requirements.
Although it is not discussed as much, persons who are in the United Kingdom as family members, spouses, or unmarried partners of EU citizens can also obtain permanent residence. Because it is EU law rather than British law that governs these applications, the requirements are not as stringent. You only need to prove that your EU partner, etc. Is permanently settled here, that the two of you are in a permanent relationship, and that you have lived together in the U.K. Continuously for more than 5 years. These are the only criteria; no other documentation is required. No guidelines have been issued on how the rules will change should Britain vote to exit the EU. You should therefore get your application in now.
If you are looking for an ILR Visa , then you need look no further. For more information please visit our website.
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