Indefinite leave to remain

| 18th April 2013

For those people applying for indefinite leave to remain, the application criteria are stricter than for those applying for other Visa types, and the applications tend to be scrutinised more thoroughly.

As with all the other visa types (Tier 1 Visas  and Spouse Visas), the applicant is judged on a points-based system.

Qualifications –

Points are awarded for the possession of a Bachelor’s degree, a Master’s degree, or a PhD.

Age –

Points are awarded for the age of the applicant, at the date when they were first granted leave in various categories, such as Tier 1 (General).

UK Earnings –

Points are awarded based on the applicants previous earnings, based on any consecutive 12 month period of the preceding 15 months (So if you were applying on 1 April 2013, you could take any 12 month period starting from 1 January 2012).

Previous earnings are not considered for the purpose of awarding points if the applicant was not present in the UK at the time of receiving the earnings.

The minimum earnings to receive points are £16,000 for those who have had leave to remain under a Tier 1 (General) Visa prior to April 2010. For those who this does not apply, the minimum income is £25,000.

An Accountants letter is considered acceptable evidence in support of proving your UK earnings

In addition to the above, however, the applicant must have been lawfully resident in the UK for a continuous period of 5 years, and any absences must be accounted for, typically by your employer. If you are self-employed, you have to account for your own holidays!

If you are considering applying for a visa of any type, we recommend that you consult a solicitor, who can give you specific advice based on your individual circumstances.