Step 1: Determine your eligibility
The first measure is confirmation of the eligibility for Leave to Remain. It remains dependent on your current visa type, residence duration, and compliance with UK immigration rules. Eligible categories include family visas and work visas, while asylum seekers are also eligible. Some of the key criteria usually entail:
- Evidence of lawful residence in the UK
- Meeting the financial stability requirements such as earning just enough income and having sufficient savings.
- Compliance with visa requirements, for example, staying within allowed absences from the UK.
For applications for ILR, other requirements include:
- Continuous residence of at least five years
- Passing the Life in the UK Test
Step 2: Required list of documents
It all starts with putting together the necessary documents. Without the right documents or with missing ones, delay or complete rejection. The following documents are required to make an LTR application:
- Passport or valid travel documents.
- Currently held visa and all previous visas held during your period of residency.
- Evidence of your residence in the UK, including utility bills, tenancy agreements, and rent books.
- Financial evidence, such as bank statements, payslips, etc.
- Compliance with visa conditions, which includes employment or study records.
The additional documents required for ILR applications include the certificate for the Life in the UK Test and proof of English language proficiency.
Step 3: Fill out the online application form
Applications for Leave to Remain should be made online through the UK Visas and Immigration (UKVI) portal. Here, you will be required to:
- Choose the right type of application according to your visa route
- Give all personal and immigration history.
- Upload supporting documents as applicable.
Ensure that every information given is correct because mistakes might delay processing.
Step 4: Payment of application fee
Leave-to-remain applications have different fees for each visa category. For 2024, the smallest fee for Limited Leave to Remain starts at £1,033. With a standard application, ILR fees for Indefinite Leave to Remain are £2,885. Additional charges, like the Immigration Health Surcharge, may be attached to some visas.
Applicants can opt for priority services to receive faster decisions, which usually cost an additional £500 above the standard processing ILR fees.
5: Book and attend the biometric appointment
Having submitted the application, you'll be directed to book a biometric appointment in one of the UKVCAS centres for further processing. This is where, among other things, the official will ask for
- Fingerprints and digital photographs
- The remaining original documents were not uploaded while completing the online application.
Keep a copy of the receipt as proof of attendance.
6: Wait for the decision
Your UKVI will then process your application. The maximum processing time for an LTR application is eight weeks, and for ILR applications, six months. However, the more complex cases and those with additional checks or interviews may take longer to decide.
Step 7: Stay in compliance
While waiting for a decision, continue complying with the conditions of your current visa. Overstaying your visa during this period could affect your application outcome and future immigration status.
Key Considerations and Common Challenges
Avoid Mistakes: Errors in the application form or missing documents are common causes of delays or refusals. Double-check all your submissions.
Financial Requirements: Ensure that you meet the financial thresholds, particularly if you are applying for a family or work visa route.
Travel Restrictions: Avoid travelling outside the UK during this period, as it may affect your eligibility.
Get Legal Guidance
Applying for Leave to Remain requires detailed preparation and attention to detail. From collecting documentation to submitting the application and attending biometric appointments, every process is pivotal in ensuring that you finally get your residency status. For individualised counselling and professional help, A Y & J Solicitors may guide you through the intricacies of Leave to Remain applications to ensure your application is complete with no mistakes for the best chance at its approval.
