Q&As

Can you apply for indefinite leave to remain by combining time spent in the UK on different routes? For example, if you have spent 2.5 years on a spouse visa, and then 2.5 years on a parent visa?

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Published on LexisPSL on 13/02/2020

The following Immigration Q&A provides comprehensive and up to date legal information covering:

  • Can you apply for indefinite leave to remain by combining time spent in the UK on different routes? For example, if you have spent 2.5 years on a spouse visa, and then 2.5 years on a parent visa?

The requirements for entry and stay in any immigration category, including indefinite leave to remain (ILR), for persons without the right of abode, are generally set out in the Immigration Rules.

This is because section 3(2) of the Immigration Act 1971 provides that:

‘The Secretary of State shall from time to time (and as soon as may be) lay before Parliament statements of the rules, or of any changes in the rules, laid down by him as to the practice to be followed in the administration of this Act for regulating the entry into and stay in the United Kingdom of persons required by this Act to have leave to enter, including any rules as to the period for which leave is to be given and the conditions to be attached in different circumstances’

On occasions, this can be supplemented by concessions which are outside the Rules, eg published in Home Office policy documents. See Practice Note: The legal status of the Immigration Rules and Home Office

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