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

The following Immigration practice note Produced in partnership with Helen Smith 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
  • January 2018 change to ‘rolling year’ absences calculation
  • Absences during leave granted before 11 January 2018
  • Absences from 11 January 2018
  • Absences assisting with a national or international environmental or humanitarian crisis
  • Absences for research purposes
  • Purpose of absences and employment gaps
  • Delay on entry following grant of entry clearance, concessions and discretion
  • Time spent as an offshore worker
  • More...

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. At this point in time (referred to in UK law as ‘IP completion day’), key transitional arrangements come to an end and significant changes begin to take effect across the UK’s legal regime. This document contains guidance on subjects impacted by these changes. Before continuing your research, see Practice Note: What does IP completion day mean for Immigration?

STOP PRESS: This Practice Note is being updated to reflect changes to the Immigration Rules further to Statement of Changes in Immigration Rules HC 813. For further information on these changes, see: LNB News 22/10/2020 80. See also Practice Note: The post-Brexit immigration system: what will it look like?

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

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