Leave to Remain Application Solicitors
Leave to remain allows migrants the right to live, study, and work in the UK without restrictions.
The length of time that an individual is permitted to remain in the UK depends on whether they have limited or indefinite leave to remain.
Leave to remain applications have strict eligibility requirements and a formal application process that requires supporting evidence and documents.
Our network of experienced immigration solicitors can help you with your leave to remain application.
Get in touch today for a free case assessment.
What is limited leave to remain?
Limited leave to remain is a status held by visa holders who have been granted access to the UK that permits them to stay in the UK until their visa expires.
Those with limited leave to remain must adhere to the conditions of their visa throughout their time in the UK. This might include having a valid certificate of sponsorship for individuals on skilled worker visas and not being able to access public funds.
With a limited leave to remain visa, you must leave the UK at the end of your visa. If you wish to remain, you must extend your visa, or apply for indefinite leave to remain.
What is indefinite leave to remain?
Unlike those on student visas and short-term visitors who are expected to return home at the end of their visa period, settled status or indefinite leave to remain (ILR) allows you to stay in the UK as long as you wish.
If you have ILR you have no immigration restrictions. This means your movements are free and you can leave and re-enter the UK whenever you like. However, ILR can expire if you are out of the UK for two consecutive years.
When you hold ILR, you may be able to get welfare benefits and tax credits which aren’t available for those on visas with limited leave to remain.
What is discretionary leave to remain?
Discretionary leave to remain is a power given to the Home Office to grant limited leave to remain to migrants outside of the UK’s visa system and usual immigration rules.
It is ‘discretionary’ because it is only granted on compassionate grounds under exceptional circumstances.
If an individual qualifies for asylum or humanitarian protection under immigration rules, they won’t be granted discretionary leave to remain. The same is true if they qualify for leave outside Article 8 of the Human Rights Act 1988.
Discretionary leave is based on the circumstances of the case - it is typically granted for no more than 30 months.
If you want to extend your discretionary leave to remain allowance you need to apply to extend at least 28 days before your current discretionary leave expires.
What is a leave to remain application?
A leave to remain application is the official process by which an individual in the UK staying in the country under a visa or other method under the immigration rules may apply to stay in the UK for a limited period.
Your activities will be limited by the restrictions of your visa. Typically, you won’t have access to public funds under a limited leave to remain.
After a qualifying period on a leave to remain visa, you may be able to settle and apply for indefinite leave to remain.
Am I eligible to apply for leave to remain?
It depends on your visa. Those unable to apply for indefinite leave to remain can usually apply to have their visa extended, so they can continue to stay in the UK.
The eligibility criteria for indefinite leave to remain include:
You have lived in the UK continuously for the required period
You are of ‘good character’
You have passed the Life in the UK test
You’ve passed the English language tests B1, B2, C1 or C2
You haven’t spent more than 180 consecutive days outside the UK in the qualifying period
The time requirement of living continuously in the UK depends on the type of visa you have. Most visas require you to have stayed in the UK continuously for 5 years, including skilled worker visas and spousal visas.
Global talent and founder visas have a shorter requirement of only 3 years before individuals become eligible for Indefinite leave.
If you meet all of the requirements mentioned you can apply for indefinite leave to remain and if your application is successful, you can live in the UK as long as you like and make a life here.
If you want to become a British citizen, you can do so after living in the UK with indefinite leave to remain for 12 months.
When can you apply for further leave to remain?
If you are not eligible for indefinite leave to remain, you may be able to apply for further leave to remain. This process allows you to temporarily extend your visa.
You must apply for an extension to your visa before your current visa expires. When you stay in the UK after your visa expires, this is known as overstaying. Remaining in the UK without permission after a visa has expired is an offence and can lead to you being deported.
What evidence do you need for leave to remain?
There are two main pieces of evidence required to prove that you’re an eligible candidate for leave to remain.
English Language Requirement
This relates to anyone who isn’t from a majority English-speaking country.
When your national language is not English you must prove your aptitude for English to the Home Office.
You may need to provide evidence of an academic qualification taught in English, equivalent to a Bachelor’s degree, Master’s degree or PhD in the UK.
If you don’t have this you may be asked to take and pass an approved English test.
Maintenance requirement
To be granted leave to remain in the UK you must provide evidence that you have suitable accommodation and that you can support yourself and any dependents.
This can be evidenced by showing the salary of the job you’ll be taking up when you enter the country. Alternatively, you can prove you can maintain yourself by showing a snapshot of your finances at a specific point before you apply. If you have a work sponsor, they can provide financial support on your behalf.
How much does it cost to apply for leave to remain?
The cost of the application itself will depend on what type of visa you’re applying to and the circumstances of your application.
If you want to apply for indefinite leave to remain the Home Office fee is £2,885 per applicant.
Applying for limited leave to remain will depend on the cost of your visa application fee.
The cost for a licensed solicitor to help with a leave to remain application is dependent on many factors including the complexity and specific requirements of the case. On average it is expected to range from £225-£300 but in some cases, it could cost as much as £375.
How to apply for limited leave to remain
You must first be eligible to apply before you can make an application for limited leave to remain.
You’re eligible if you:
Have a valid reason for staying in the UK: work, study, family
You can financially support yourself and house yourself
Have no unspent criminal prosecutions or immigration violations
To apply, you will need to meet the full requirements of the immigration rules and the rules for the visa you’re applying to.
For points-based visas, you will need to earn the minimum number of points required by the type of visa you’re applying to and you will need to pass the English requirement mentioned earlier.
There are different ways to apply when you’re:
Under 18
Between 18 and 25 years old, and came to the UK as a child
Currently in the UK as a dependant on a parent’s visa and you’re over 18
If you’re applying for indefinite leave to remain based on your private life, you can only apply online.
How can I get indefinite leave to remain?
To be eligible for ILR, you must have been in the UK for a certain period.
The time necessary depends on your visa category, whether you meet all other eligibility rules, and if you can prove your English language skills and knowledge of life in the UK.
How long does it take to get indefinite leave to remain?
As a general rule, indefinite leave to remain applications can take up to 6 months to be processed. You may be able to fast-track your application in some instances, but you’ll have to pay a fee.
The Home Office’s priority service enables you to get a decision in 5 working days, or 30 days for a family visa.
The super priority service enables decisions by the end of the next working day for £500.
If you need an immigration solicitor's help with your application, the time to complete the matter depends on a few factors such as how straightforward your case is and how fast any other parties respond.
For more information, contact our Legal Assessment Team today.
How long does leave to remain last?
Indefinite leave to remain, also known as settled status, gives you the right to live in the UK indefinitely. It will only expire if you have been out of the UK for 2 consecutive years.
Limited leave to remain will depend on your visa type and whether you are eligible to extend it, or choose to convert it to indefinite leave to remain.
What is a leave to remain status letter?
A leave to remain status letter is a document that confirms when the Home Office has granted leave to remain to an asylum seeker or an individual who has been accepted to the country on humanitarian grounds, or another form of protection.
The letter should reference your name, nationality, date of birth, and other information that you have provided to the Home Office. It will also outline the type of leave to remain and the duration you’ll be granted.