Once eligibility has been determined, an application for ILR must be made online through the gov.uk website. Application for an ILR must be made before the expiry of a current visa. An ILR application may be made within 28 days before the 5-year residency date. 

ILR 5-Year Route Requirements 

You are not automatically granted indefinite leave to remain by the UK Visas and Immigration (UKVI) just because you have spent 5 years in the UK.

You need to meet certain specific 5-year ILR requirements and make an ILR application along with supporting documents proving your claim. 

This section sets out the criteria that a candidate must meet to qualify under the ILR 5-Year Route. These are: 

• Lived lawfully in the UK with a qualifying visa for 5 years

• Have not been outside the UK for not more than 180 days in any one year of the qualifying period of residence

• Have abided by all rules concerning UK immigration and the condition of his/her stay in the UK during that period of residence

• Have attained a minimum B1 Level of proficiency in English according to the Common European Framework of Languages.

• Passed the Life in the UK test, which covers an applicant’s knowledge of aspects of British history, traditions, culture, etc.

• In the case of Skilled Worker Visa holders, they need to continue to comply with the minimum salary requirements under which their visas were granted.

Who is Eligible for the 5-year ILR 

Any family and business visas granted to the applicant permit the applicant to apply for indefinite leave to remain in the UK after 5 years. Amongst the visas that permit the applicant to qualify for ILR 5 years after entering the UK, some are:

• Skilled Worker Visa

• Health and Care Worker Visa

• Tier 2 (General) Visa

• International Sportsperson Visa

• Scale-up Visa

• Tier 2 Minister of Religion Visa

• Turkish Worker Visa or Turkish Businessperson (closed to new applicants)

• Spouse/Partner Visa

• Global Talent Visa

• PBS Dependant Visa

• Child Visa

• Representative of an Overseas Business Visa

• Representative of a News Agency Visa, an Overseas Broadcasting Organisation, or Newspaper

• UK Ancestry Visa

Continuous Residency Requirement

Provided that the applicant stays in the UK without a break for five years, he qualifies for ILR on a 5-year basis.

This means that the stay in the UK must have adhered to immigration rules. The applicant must not have overstayed the period of validity on any of his visas or have spent beyond the maximum permitted absences. 

Proposed ILR applicants can be absent from the UK for not more than 180 days in any rolling 12-month period. If a person applying for indefinite leave to remain has been absent from the UK for more than 180 days in any year immediately preceding the indefinite leave to remain application, that person is automatically disqualified from being granted ILR.

Only entire days spent outside the UK shall be counted against this absence limit; aggravated interruption of your period of qualifying residence could also occur as a result if:

• Criminal conviction occurred with subsequent imprisonment

• Enforcement of a deportation order, exclusion redirection, or exclusion order

• Loss of legal resident status occurred

Conclusion 

Once you are aware of the requirements and you meet the eligibility requirements, you can apply for ILR. Applications for ILR are lodged by completing an online form, paying the fee, and uploading the required documents. Hiring immigration lawyers in Glasgow can improve your chances of success.