Applying for the right to abode in the UK means that you want to stay in the UK without any time restrictions, there are various ways you can apply for certificate of entitlement for Right of Abode. Applying to settle in the UK is also known as indefinite leave to remain, but there are many different types of applications that suit different visas, such as SET (M) on the basis of marriage, SET (LR) on long residency grounds, SET (P) for refugees and SET (O) for all other categories such as skilled worker or UK Ancestry. If you want to apply to settle in the UK you will be required to take a ‘Life in the UK Test’ if you are over 18 years or age and below 65 years. You can also apply to become a British Citizen, if you meet the criteria - find out more about British Citizenship. A child born in the UK to parents holding Indefinite Leave to Remain or British Citizen can apply for registration of a child as a British Citizen.

What is Indefinite Leave to Remain?

Indefinite leave to remain is an immigration status granted to a person who has completed a requisite amount of period such as 5 years or 10 years and meets the eligibility requirments for Indefinite Leave to Remain under the relevant category. Once you have been granted Indefinite Leave to remain there is no time limit on his or her stay in the UK. Those granted ILR are also is free to take up employment or study without restrictions. However, in order to be granted indefinite leave to remain on the 10 years continuous lawful basis you must have proof that you have had long residence in the UK. This means that you must have:

• Lived in the UK for 10 years more continuously

• Not have left the UK for a continuous period of 180 days or more

• Not have spent more than 540 days outside the UK during 10 years’ stay.

Returning Residents who have been Previously Settled

If you were previously granted indefinite leave to remain and you have been living out of the UK for more than two years, or have lost your documentation, you may be granted a Returning Resident visa. However, you must prove that it was under exceptional circumstances that led to you leaving the UK. You must show that you have strong ties to the UK. Find out more about Returning Residents.

What is a Biometric Residence Permit?

A Biometric Residence Permit falls under the same category as a No Time Limit Stamp. A Biometric Residence permit is the transfer of a visa from an old passport stamp to a card also known as BRP. However, if you have Indefinite Leave to Remain then you should apply for a No Time Limit Stamp in order to transfer your visa. From 31 December 2024 there will no longer be any BRP cards.

How does EEA Settled Status in the UK?

If you are an EEA National or EEA Family Member and have been present in the UK before 31 December 2020 or in a relationship with EEA National before 31 December 2020 then you can apply for an (EU Settled Status) EUSS once you have completed 5 years in the UK. You can also apply for EUSS under the retained right of residence if your relationship broke down with an EEA National and you have been divorced. Under new provision an automatic EUSS will be granted.

Apply for UK Settlement if your Partner Dies

If your partner has passed away but was granted British Citizenship or a settled person with Indefinite Leave to Remain, then you are eligible for ILR in the UK. You can be a:

• Spouse

• Civil partner

• Unmarried Partner

Find out the requirements for UK Settlement if your Partner Dies

If you’d like more information if you would like to apply to settle in the UK, or would like to make an appeal, then do not hesitate to get in touch.