General requirements for indefinite leave to remain in work, business and investment categories
Produced in partnership with Helen Smith of North Star Law
General requirements for indefinite leave to remain in work, business and investment categories

The following Immigration guidance note Produced in partnership with Helen Smith of North Star Law provides comprehensive and up to date legal information covering:

  • General requirements for indefinite leave to remain in work, business and investment categories
  • Absences and lawful continuity of residence
  • Challenging absences refusals and making representations in applications
  • Criminality
  • Knowledge of Language and Life in the UK
  • Evidential flexibility
  • General grounds for refusal

This Practice Note examines the key common requirements for indefinite leave to remain (also known as ILR or settlement) applications in work-related categories in the Immigration Rules which lead to settlement. These requirements are:

  1. absences and continuity of residence

  2. criminality, and

  3. Knowledge of Language and Life in the UK (KoLL)

The position of dependants in relation to other aspects of eligibility is covered in full in the topics on the relevant categories elsewhere in LexisNexis® Immigration, but note in particular that:

  1. partners of persons in Points-Based System (PBS) and Appendix W categories must have lived for a specified period of time and in specified categories in the UK with the relevant PBS/Appendix W migrant before they will be eligible to apply for indefinite leave to remain, and those granted limited leave in this capacity (whether initial leave or an extension) having submitted an application for entry or clearance or leave to remain on or after 11 January 2018 will be now subject to the same absences requirement as main applicants—see Practice Note: Partners of Points-Based System and Appendix W migrants

  2. children who are over the age of 18 must still live with the main applicant (unless they are at boarding school, college or university as part of their full-time education), be emotionally dependent on them and will need to apply on a