The process of applying for Indefinite Leave to Remain (ILR) in the UK can be complex, particularly for those seeking to apply after marriage. This guide will provide you with essential information about the application process, eligibility requirements, and tips for a successful application. If you need assistance, ASHER AND TOMAR SOLICITORS can provide expert guidance.

What is ILR?

Indefinite Leave to Remain (ILR) is a form of permanent residency in the UK. It allows non-British nationals to live and work in the UK without any time restrictions. After holding ILR for a certain period, individuals may be eligible to apply for British citizenship.

Eligibility Requirements for ILR After Marriage

1. Marriage to a British Citizen or Settled Person

To apply for ILR after marriage, you must be married to a British citizen or a person with settled status in the UK. This includes individuals with ILR or those with British citizenship.

2. Living Together Requirement

You and your spouse must demonstrate that you have been living together in a genuine and subsisting relationship. This is often shown through joint documents, such as bank statements, utility bills, or tenancy agreements.

3. Continuous Residency

Applicants must have lived in the UK continuously for a specific period, typically 2.5 years if you are on a spousal visa. Continuous residency means that you have not spent more than 180 days outside the UK in any 12-month period during this time.

4. Knowledge of the English Language

You must prove your proficiency in English by passing an approved English language test or by being a national of a majority English-speaking country.

5. Life in the UK Test

Applicants are required to pass the Life in the UK Test, which assesses your knowledge of British history, culture, and society.

Step-by-Step Guide to Applying for ILR After Marriage

Step 1: Gather Necessary Documents

The first step in your ILR application is to gather all required documents. This includes:

• Your marriage certificate.
• Proof of continuous residency (e.g., passport stamps, travel history).
• Joint documents evidencing your relationship.
• English language test certificate (if applicable).
• Life in the UK Test pass certificate.
• Any additional documents specific to your circumstances.

Step 2: Complete the Application Form

You will need to complete the SET(M) application form for spouses or partners of settled persons. Ensure that all information is accurate and complete, as any discrepancies could lead to delays or rejections.

Step 3: Pay the Application Fee

The application fee for ILR is currently £2,404 (as of 2024). Ensure you have the payment ready and understand that this fee is non-refundable.

Step 4: Submit Your Application

You can submit your application online or by post. If you apply online, you will need to upload your documents. If applying by post, ensure you send all documents securely.

Step 5: Attend a Biometrics Appointment

After submitting your application, you will be required to attend a biometrics appointment at a designated center. During this appointment, your fingerprints and photo will be taken.

Step 6: Await a Decision

The processing time for ILR applications typically takes around 8-12 weeks. During this time, you may be contacted for additional information or documentation.

Step 7: Receive Your ILR Status

Once your application is approved, you will receive a Biometric Residence Permit (BRP) indicating your ILR status. You must carry this with you at all times.

Common Challenges in the ILR Application Process

1. Insufficient Evidence of Relationship

One of the most common reasons for ILR application rejections is insufficient evidence of a genuine relationship. It is crucial to provide thorough documentation to demonstrate your partnership.

2. Missing Documents

Ensure that all required documents are submitted with your application. Missing documentation can lead to delays or refusals.

3. Application Errors

Errors in your application form can lead to complications. It’s advisable to double-check your application or seek professional assistance.

Why Choose ASHER AND TOMAR SOLICITORS?

Navigating the ILR application process can be overwhelming. ASHER AND TOMAR SOLICITORS specializes in immigration law and can provide the following services:

• Expert Guidance: Our experienced solicitors will guide you through the application process, ensuring you understand the requirements.
• Document Preparation: We assist with gathering and preparing your documentation to ensure everything is in order.
• Application Submission: We can help submit your application to ensure it is completed correctly and on time.
• Representation: If needed, we can represent you in front of immigration authorities.

Conclusion

Applying for UK ILR after marriage is a significant step towards securing your future in the UK. With the right preparation and assistance from professionals like ASHER AND TOMAR SOLICITORS, you can navigate the process with confidence. If you have questions or need support with your application, don’t hesitate to reach out.