Our team is experienced at helping migrants secure Indefinite Leave to Remain (ILR) in the UK and can support you in the application process to ensure a successful result. Individuals who have held the same type of British visa for 5 years or more are eligible to apply for ILR, although in certain circumstances you may be eligible after just 3 years. Indefinite Leave to Remain enables migrants from outside of the UK to stay in the UK without restrictions and is the first step to take before applying for full British citizenship or naturalisation. Almost all other British visa routes are eligible to apply for ILR after meeting certain other requirements, including those who have been on Tier 1 Visas, Tier 2 Work Visas, and Spouse Visas. The conditions that you need to meet to qualify for ILR are as follows: You have held the same type of British visa for 5 years or more Proof that you meet the B1 levels of English You must pass the Life in the UK test No criminal record and you cannot have breached the immigration laws during your stay in the UK You cannot have spent more than 180 days outside of the UK within any year of living in the UK The requirements can vary so it’s best to speak to an Immigration Lawyer to determine if you’re eligible to apply and what you will need to include with your ILR application.
You can apply to become a British citizen through naturalisation if you meet the relevant criteria which have been set out in the British Nationality Act 1981. This is the most common approach to become a British citizen. This application is decided and granted by the Secretary of State for the Home Office. The main requirements for naturalisation involve meeting the residence requirement, settled status requirement, good character requirements and the English language test and Life in the UK test requirements. Naturalisation after holding settlement for 12 months: You are eligible to apply to naturalise as a British citizen under Section 6(1) of the British Nationality Act 1981, provided you meet the following requirements: You are aged 18 or over You are of good character i.e., do not have a serious or recent criminal record, or any adverse immigration history You are of sound mind You intend to make the UK your permanent home You have passed a Life in the UK test You have met the knowledge of English language test requirements You have met the residence requirements In addition, the following residence requirement must usually apply: You have lived in the UK for at least 5 years prior to your application You have not spent more than 450 days outside the UK in those 5 years You have not spent more than 90 days outside the UK in the last 12 months You had Settlement (also known as indefinite leave to remain/ILR) for the last 12 months; if you are not an EEA citizen You had Settled Status under the EU Settlement Scheme (also known as indefinite leave to remain) for the last 12 months; if you are an EEA citizen or eligible to apply to the scheme. Naturalisation as the spouse of a British citizen A person who is married to a British citizen will be eligible to naturalise as a British citizen under Section 6(2) of the British Nationality Act 1981. If you are married to a British citizen, you will be subject to all of the above requirements however the only difference is: You do not have to wait 12 months from obtaining ILR to apply for naturalisation. You are only subject to 3 years residence requirement i.e. should not have spent more then 270 days outside the UK in the last 3 years. All other requirements apply. When sending your application, a biometrics appointment will be mandatory to attend. After applying, a decision will usually be made in 6 months, depending on the application some may take longer. Once you have received your certificate of British Citizenship, you must send your biometrics residence permit back to the Home Office. The UK allows dual nationality for its citizens however, some countries may not. In which case they can revoke your citizenship once you have become British therefore, it is imperative for you to contact your embassy before you decide to apply for naturalisation.
