Long Residence

Indefinite leave to remain rather than permanent residence is the proper term for immigration status in the UK that allows you to remain in the UK permanently and that gives you the freedom to take up any kind of work in the UK. Indefinite leave to remain is normally only granted to people who are in a long term category that specifically leads to this. However, you can also gain indefinite leave to remain if you meet the following requirements:

Please note that many of these requirements are only likely to be relevant if you are applying on the basis of ten years rather than fourteen years in the UK. If you are applying on the basis of fourteen years stay in the UK you will probably not be absent from the UK at all during most if not all the of the fourteen years.

• You have ten years lawful residence in the UK, or 14 years of lawful or unlawful residence. Normally most people who are applying on the basis of 14 years residence would have a small amount of lawful residence with the the greater part of their residence over the fourteen years being unlawful.
• You should not have been outside the UK for longer than six months in any one time during the relevant period.
• You should not have been outside the UK for longer than 18 months in total during the relevant period.
• You should continue to obtain extensions to your status in the UK throughout the ten year period. This is likely to be relevant if you are a student and have spent much of your student life in the UK.
• You should not have left the UK during the relevant period with a clear intention not to return to the UK.
• You should not have left the UK over the ten year period after being refused entry to the UK, or after being refused an extension of leave to remain in the UK or after being deported.
• You should not have been convicted of an offence and imprisoned, or otherwise detained in another institution over the relevant period.
• It will also be considered whether in the public interest indefinite leave to remain should be refused. This will probably not be relevant in most cases. The following will be taken into consideration when your application is being assessed:
• your age;
• your ties to the United Kingdom;
• your personal history; including character, conduct, associations you belong to and employment record;
• your domestic circumstances - this generally means any family ties you have in the UK;
• any previous criminal record and the nature of any offence you may have committed in the UK;
• any compassionate circumstances;
• any representations received on your behalf;

http://www.workpermit.com/uk/permanent_residence.htm

Highly Skilled Migrant Programme

How can I settle in the United Kingdom as a highly skilled migrant?

This section explains how you can apply to stay in the United Kingdom permanently (settle) under the Highly Skilled Migrant Programme (HSMP). You should read this section if you have been in the United Kingdom under the HSMP for at least five years.

If you have been in the United Kingdom as a highly skilled migrant for less than five years you should read the section on Extending your stay. If you are currently outside the United Kingdom or are here under a different immigration category you cannot apply to the HSMP. You should apply as a highly skilled worker (Tier 1 General) under the points-based system.

The requirements for settlement

To qualify to settle in the United Kingdom under the HSMP you must:

• have been living legally in the United Kingdom for the last five years; and
• currently have permission to stay in the United Kingdom as a highly skilled migrant; and
• have been in the United Kingdom as a highly skilled migrant, work permit holder or innovator throughout the five years; and
• have maintained and accommodated yourself and any dependants without the use of public funds throughout the five years; and
• have been employed, self-employed or a combination of the two throughout the five years; and
• have sufficient knowledge language and life in the United Kingdom.

Making an application

To settle in the United Kingdom under the HSMP, you will need to make an application for 'indefinite leave to remain' using application form SET(O). You should read the information in this section before you make an application to make sure you meet the requirements to settle in the United Kingdom. You will need to pay a fee when you make your application. If your application is unsuccessful because you do not meet the requirements, this fee will not be refunded.

If you meet the requirements, it is important that you complete the application form correctly and provide all the supporting documents we need. Your completed application form and the processing fee should be sent to our offices.

After your application

If your application for indefinite leave to remain is successful, you will be able to remain in the United Kingdom permanently. You will not need to apply to extend your stay any further and you will no longer have any time limit on your stay. You may want to consider applying for British citizenship.

Transferring your indefinite leave to remain to a new passport

If you have been issued with a new passport or travel document you can apply for us to transfer your indefinite leave to remain stamp. You can travel with your new passport or travel document without having your leave transferred providing that you carry your old passport or travel document with the stamp or the letter in which your leave was granted.

If you wish to transfer your permission to your new passport or travel document you should apply using application form NTL. Full details of how you can apply are available from the UK residency section of the site.

http://www.ukba.homeoffice.gov.uk/workingintheuk/tier1/hsmp/settlement/

This page tells you which form you will need to complete if you wish to apply for permanent residence in the United Kingdom (we call this 'indefinite leave to remain' or 'settlement').

Form SET(O)

Form SET(O) is for many other types of settlement applications. You can use form SET(O) if you are:

• a work permit holder;
• in employment not requiring a work permit;
• a business person;
• an innovator;
• an investor;
• a highly skilled migrant;
• a bereaved partner;
• a representative of an overseas newspaper, news agency or broadcasting organisation;
• a private servant in a diplomatic household;
• an overseas government employee;
• a minister of religion, missionary or member of a religious order;
• an airport-based operational staff of an overseas-owned airline;
• a person with United Kingdom ancestry;
• a writer, composer or artist;
• a person with long residence in the United Kingdom;
• a former member of HM Forces; or
• a person who is in the United Kingdom for other purposes or reasons not covered by other application forms (this does not include asylum).

http://www.ukba.homeoffice.gov.uk/ukresidency/settlement/applicationtypes/

Completing application form SET(O)

This page gives general guidance on completing application form SET(O) to apply for permanent residence in the United Kingdom (we call this 'indefinite leave to remain'). You can download the form from the right side of this page.

For information on who should apply using application form SET(O), see Applying for settlement in the United Kingdom.

You should also read the detailed Guide SET(O), which you can download from the right side of this page, before completing the form. You will need to pay a fee when you make your application, and we will not refund your fee if we refuse your application or if you withdraw it.

To apply for permanent residence, you must first show that you have enough knowledge of language and life in the United Kingdom.

You must have lived legally in the United Kingdom for a specified length of time before you qualify to apply for permanent residence. This length of time depends on the category you are in. There is no qualifying period for bereaved partners. The qualifying periods for other categories are:

• four years - for former members of HM Forces;
• five years - for highly skilled migrants, work permit holders and those in employment not requiring a work permit (although sole representatives of overseas firms must use application form SET(BUS));
• five years - writers, composers and artists;
• five years - United Kingdom ancestry; and
• 10 years or 14 years - long residence (for details of the requirements you must meet to qualify in the long residence category, see Chapter 18 of the Immigration Directorate Instructions).

Please do not send us your application more than 28 days before the end of your qualifying period. If you do, we may refuse your application with no refund of the fee. However, you must make your application before your current permission to stay in the United Kingdom expires.

You must be in the United Kingdom to apply. For information on obtaining initial permission to come to the United Kingdom in this category, see Can I live in the United Kingdom? To extend your temporary permission to stay in this category, see Applying to extend your visa.

You can use one form for a joint application by you and any children aged under 18, if they are applying as your dependants. Children over 18 must apply separately.

However, if you are applying because you meet the long-residence requirement, you may not include any dependants in your application. If you do, their applications will be refused. They may apply separately if they have completed the qualifying period of 10 or 14 years. If you have a partner who does not qualify, he/she may apply for temporary permission to stay (limited leave to remain) on application form FLR(M), in which case he/she can include any children under 18 as his/her dependants. For other options, see the detailed SET(O) guide.

Section 9 of the application form gives details of the documents you need to send to support your application. You should send the original documents, not a copy. In exceptional circumstances, we may accept a photocopy that is certified as an accurate copy by the body or authority that issued the original or by a notary. You must include a letter explaining the reasons for providing a certified copy rather than the original document.

You can post your application to us, or apply in person at one of our public enquiry offices. You need to make an appointment in advance to apply in person. It is a same-day service, available at a premium fee, and is only suitable for straightforward applications that will not require further enquiries.

We cannot tell in advance how long it will take to decide your application, so you should not make non-urgent travel plans until we have returned your passport to you. However, our service standards for processing applications show how quickly we aim to make a decision.

You must fill in the form in block capitals using a black pen. Please enter all dates as dd-mm-yyyy (for example, 29-04-2000).

http://www.ukba.homeoffice.gov.uk/ukresidency/settlement/applicationtypes/applicationformset(o)/

Applying for settlement in the United Kingdom

This section explains how you can apply for permanent residence in the United Kingdom (we call this 'indefinite leave to remain').

After you have lived legally in the United Kingdom for a certain length of time (usually between two and five years), you may be able to apply to live here permanently, depending on the category of visa you have. You should see the appropriate category for more information on whether you can apply for permanent residence and the qualifying period for it. See Application types for details of categories that may qualify.

If your visa category is not listed in Application types, you may not be able to apply for permanent residence. If you are here on a working visa, the appropriate section of Working in the UK will tell you whether you can apply for permanent residence.

To be able to apply for permanent residence, you will normally first need to show that you have enough knowledge of language and life in the United Kingdom.

You must not send us your application more than 28 days before the end of your qualifying period. If you do, we may refuse your application with no refund of the fee. However, you must make your application before your current permission to stay in the United Kingdom expires.

For information on which application form you will need to complete, see Application types.

http://www.ukba.homeoffice.gov.uk/ukresidency/settlement/

Immigration directorate instructions: http://www.bia.homeoffice.gov.uk/policyandlaw/guidance/IDIs/