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Indefinite Leave to Remain is the ultimate goal of most visa holders in the UK. It allows holders to stay in the UK without restriction for as long as they wish. Indefinite Leave to Remain also allows holders to apply for British citizenship, if they so desire, after 12 months. While the route to Indefinite Leave to Remain is generally straightforward for the points-based system visa holder, it may not be so straightforward for their dependents. So, in this article, we are going to look at Indefinite Leave to Remain for dependents of a points-based system visa holder. We will investigate the eligibility criteria so that you can easily understand the system.
A dependent is a direct relative of an individual who holds a points-based system visa. You can have dependent children under the age of 18 as well as apply for ILR for your spouse. Generally speaking, their visa allowance will be in line with the visa holder (presuming they came to the UK at the same time as the visa holder). So, even if they decide to join you at a later date, their leave will end at the same time as the visa holder. While the visa expiry dates will be harmonised, if the dependant arrived at a later date, they will still need to complete 5 years in the UK to be able to apply for Indefinite Leave to Remain.
Please note that unlike some other countries, other family members such as grandparents and adult children do not qualify as dependants (unless the adult child came to the UK before they turned 18), and therefore must use an alternative option if they wish to join a visa holder in the UK. This is to avoid large families joining individual points-based system visa holders in the UK.
Dependants will be able to apply for Indefinite Leave to Remain after they have lived in the UK with their points-based system sponsor for 5 years (under new rules introduced in 2012). While the dependantâ€™s visa leave will be in line with their sponsorâ€™s, they will need to have been in the UK for 5 years, and also must meet the other eligibility requirements of the visa (such as not leaving the country for more than 180 days in any one year, and have not left the country for more than 540 days in the last 5 years) for the dependant to gain Indefinite Leave to Remain.
As well as having to meet the requirements for absences from the UK (as laid out in the paragraph above), the dependant will also need to pass the Life in the UK test and also meet the requirement of having an English language level of at least B1 CEFR. These requirements are broadly in line with the expectations that are set out for all who apply for Indefinite Leave to Remain in the UK.
If your partner is either a British citizen or has already gained Indefinite Leave to Remain, you will be able to settle in the UK after you've been here for 5 years. While many believe that you will be able to just come to the UK and settle instantly if your partner is in this category, this is not the case. You have to meet the same requirements for Indefinite Leave to Remain as anybody else. The only thing that is different is your visa route during those 5 years.
In order to apply to settle in the UK after 5 years, you will need to make an application online. During this application, you'll be asked a number of questions and will need to provide proof that you meet the eligibility requirements as laid out in the criteria. You'll also need to upload documentary evidence, but if you are unable to do this from home you will also be able to make an appointment at a UKVCAS service point so that you can provide your documentary evidence and the biometric information that is required. Once your application has been lodged, you will then wait for a decision. This process usually takes approximately 8 weeks.
If your child has become an adult during your stay in the UK then they will also need to pass the same requirements for Indefinite Leave to Remain that other adults do. Unfortunately, the exceptions only apply to children under the age of 18. So, like the adults, they will need to pass the Life in the UK test and also satisfy the English language requirements. As they have grown up in the UK, this should not be an issue.
If you need help with any UK visa query, or how to apply for dependent children or a spouse (for example) then please get in touch. Our highly experienced team can help in all manner of circumstances. No matter your history, our team will be able to guide you through the UK's immigration system. So, for more help or advice call today and speak to a member of our team.
It's a shame that you dont have an 'Excellent' star rating on here, as my experience with Reiss Edwards is nothing short of an excellent rating. They handled my application for an Indefinite Leave to remain in April 2014 and did my husband's one very recently including my daughter. Every time i have approached them, they have continued to treat me with courtesy, respect and patience. Amar was indeed a very thorough and professional gentleman. He is very knowledgeable, corporative and engaging. He responded to my emails, calls and enquiries promptly. He was always reassuring. I could not have asked for a better Immigration service. I would recommend them over and over again for anyone looking for an immigration advice. They gave me a free immigration advice when i called them, and the quality of the advice was something other charge thousands for. If you need a particular, name, Amar would be it. He exemplifies, for me, the true, professional gentleman. He is a valuable asset to Reiss Edwards.
I am glad that i instructed Reiss Edwards on my visa matter. It started with a 20 minutes free immigration advice. I met with Amar to discuss my ILR refusal. He gave me a great deal of quality advice and decided to take on my messy case. I had doubts on the merits of my case by he was relatively convinced he could win it. That made me quite secure. To be honest, things did not start as quick as I would have wanted, but they kept on communicating the process and state of things to me.A big thank you to Verusha and Foram. They were also very helpful. Brilliant and informative. Their fee was fair and reasonable, especially if you compare them to other law firms and immigration law firms in London; some of whom even told me that i would not be able to get an indefinte leave to remain in this country. The process was long but was worth it. In the end, a big thank you to Reiss Edwards.
Investing over 2 million pounds is defintely not a routine decision. We had to make sure that the Tier 1 investor immigration lawyers that we'd be picking has to be one of the best within the Tier 1 investor category. We contacted Reiss Edwards and they were able to get us not only the Tier 1 investor visa but also suggested profitable investment portfolios in addition to what we already had in mind.
TI have just had British Citizenship application approved. Prior to making the application, i was not sure which law firm i should hire to facilitate the paperwork. After a few hours of research, i decided to go with Reiss Edwards and i must confess that i wasnt disappointed. The immigration lawyers at Reiss Edwards handled my case well and they really knew what they were doing. They were fully aware of what documents I needed and it was easy for them to tell if my case was going to be easy or not. At the end of the day, I have not received my British citizenship within 3 months. If anyone is looking for a good immigration lawyer to handle thier case, contact Reiss Edwards.
My wife's spouse visa extension application was refused by the Home Office and they gave her 14 days to leave the country. We contacted Reiss Edwards and they said "OK don't worry we will sort this out". They put together the list of documents for me to obtain and they prepared a bundle which was as thick as the printer it came out from.We followed everything they asked us to do and in the end we won our appeal and got our spouse visa. We can't recommend them enough and we have promised ourselves never to make any more UK visa applications without them.
The team of lawyers at Reiss Edwards are very professional and friendly people. Their experience in and around UK immigration law is quite extensive; be sure that you application is in safe and competent hands. My immigration matter was an indefinite leave to remain application based on Tier 1 on a self-employment basis. The immigration lawyers at Reiss Edwards made sure that the application was perfect and ready to be accepted. I got a positive decision and I recommend them highly for anyone who needs a UK immigration help.
I contacted Reiss Edwards to help me with my wife's UK settlement visa. They acted with utmost professionalism throughout the entire application. I spoke with Joe Dinh, he is an immigration solicitor and he is one of the best solicitors out there. He ensured that there was little to no room for error. At some point I thought he was over cautious. He remained calmed and continued to assure us on our immigration matter. Most people in his position would have panicked but he was calmed and continued to assure us. We received out positive outcome very quickly.
I have been using Reiss Edwards for three years now for my family's immigration application. Both for my initial application and extension. They are really affordable. The team of solicitors at this firm are probably one of the most efficient and economical in terms of cost. They offered free advice over the phone and spent good time with us before inviting us for consultation.
Reiss Edwards is a top notch immigration service company. The way they handled our documentation and also the list of documents they sent was efficient and top quality. They helped us professionally throughout the process. We are very happy with the immigration advice we received from the team. We highly recommend them.
I used Reiss Edwards immigration lawyers to assist with my immigration matter and that of my family. It was an EX1 application. They dealt with the matter properly and even when complications were coming up from the Home Office, they helped resolve the issue properly. They are very professional and are very popular in London. I am happy to have worked with them.
This is the only firm that i spoke with that didn't ask for money before listening to me, will be using them again.
I used Reiss Edwards for my Tier 2 visa application and it was successful. The team was ever present and happy to answer my question. The caseworker that dealing with my case went on holiday yet by case did not suffer one bit. Another lawyer stepped and took over the case without any hassle.
My Tier 1 Investor Visa was dealt with quickly and without issue. Would recommend Reiss Edwards as an Immigration law firm in London. Thank you to the team.
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