You can submit your application for Indefinite Leave to Remain (ILR) up to 28 days before completing 10 years of lawful residence, provided it is based on very significant obstacles to integration. Applications for ILR under this category can be submitted to the Home Office UKVI via the Super Priority Service, allowing you to receive a decision on your application within 24 hours. The application process for ILR, based on very significant obstacles to integration, adheres to the criteria outlined in Appendix Private Life of the Immigration Rules.

Aden & Co Solicitors are esteemed experts in UK immigration law. The exceptional standard of our visa and immigration services is evident from the 5-star Google Reviews ratings provided by 99% of our clients, reflecting the professionalism and dedication of our highly skilled and experienced legal team.

Our specialist immigration solicitors offer efficient, dependable, and fixed-fee advice and legal representation for your ILR application based on very significant obstacles to integration. Whether you seek free online immigration advice or wish to book an appointment for a comprehensive consultation with one of our experts, we are here to assist you in navigating your ILR application with confidence.

Eligibility Criteria for Indefinite Leave to Remain (ILR) Based on Very Significant Obstacles to Integration

Individuals seeking to apply for Indefinite Leave to Remain (ILR) based on very significant obstacles to integration must meet specific criteria as outlined in the Immigration Rules, particularly under Appendix Private Life.

Valid Application Submission
The applicant must submit a valid ILR application in alignment with the stipulations of Appendix Private Life, adhering to the requirements set forth for applications based on very significant obstacles to integration.

Suitability Criteria
Applicants must ensure they do not fall under any refusal grounds as specified for ILR applications. These include the following suitability provisions within the Immigration Rules:

• Appendix FM paragraphs:
  • S-ILR.1.2, S-ILR.1.6 to S-ILR.1.10, S-ILR.3.1
  • S-ILR.2.2, S-ILR.4.2 to S-ILR.4.5 (subject to PL 12.4)
  • Paragraph 9.6.1 of Part 9 (subject to PL 12.4)

Applicants must not have been convicted of a criminal offence, whether in the UK or abroad, which resulted in a custodial sentence of 12 months or more.

Furthermore, applicants with a conviction resulting in a sentence of less than 12 months, either in the UK or abroad, must meet additional criteria. Specifically, they must have completed a qualifying continuous residence period of 10 years with permission, as outlined in PL 12.6, and a subsequent 5 years of continuous residence with such permission after the end of their sentence.

Conditions for Refusal During the Qualifying Period for Settlement
Should any of the following events occur during an applicant’s qualifying period for settlement, they will be refused ILR unless they meet specific residency requirements:

• Participation in a sham marriage or civil partnership, leading to a refusal under Part 9, 9.6.1.
• Use of fraudulent documents or information, or involvement in deception, as outlined in S-ILR.2.2, S-ILR.4.2, and S-ILR.4.3 of Appendix FM.
• Unsettled litigation debt owed to the Home Office, unless the debt is paid, per SILR.4.4.
• Unpaid NHS debt exceeding £500, or unpaid debt that has not been settled, in line with S-ILR.4.5.
• Breach of permission conditions.

To qualify for indefinite leave to remain (ILR) under the continuous residence requirement, applicants must fulfill a 10-year qualifying period of continuous residence in the UK, as per paragraphs PL 12.3 to PL 12.5 of the Immigration Rules. During this period, they must have had permission granted in one or more of the following categories:

• Entry clearance or permission as a partner or parent under Appendix FM, excluding permission as a fiancé(e) or proposed civil partner.
• Permission identified by the Home Office as “family permission as a parent” or “family permission as a partner.”
• Permission granted on the private life route under paragraph 276ADE or 276BE(2) prior to 20 June 2022, or under Appendix Private Life.
• Entry clearance or permission as a child of a person with limited leave as a partner or parent under Appendix FM.
• Permission granted outside the rules as a partner, parent, or child, or based on private life under Article 8 of the European Convention on Human Rights.

The applicant must ensure that they are not:

• In breach of immigration laws, except for cases where paragraph 39E applies, which disregards any overstaying period.
• On immigration bail.

Immigration Status Requirement

Applicants seeking ILR based on very significant obstacles to integration must have, or have most recently held, permission on the Private Life route.

Qualifying Period Requirement

As outlined in PL14.2 of Appendix Private Life, an applicant who is 18 or older at the time of application and does not meet the criteria under PL 14.1 must have resided in the UK for a continuous 10-year period with the specific permissions outlined in PL 14.3 or PL 14.4.

In cases where periods of overstaying may be disregarded for the purposes of continuous residence, such periods are excluded from the calculation of the qualifying period in accordance with the ruling in R (on the application of Afzal) v Secretary of State for the Home Department [2021] EWCA Civ 1909.

Which Visas Contribute to the Qualifying Period for Settlement?

Various types of permission or entry clearance can count towards the 10-year qualifying period for settlement under PL 14.2. These include:

• Permission granted as a partner or parent under Appendix FM (excluding fiancé(e) or proposed civil partner permissions).
• Permission specified in the Home Office grant letter as “family permission as a parent” or “family permission as a partner.”
• Permission under the private life route outlined in paragraph 276ADE or 276BE(2) before 20 June 2022, or under the Appendix Private Life.
• Entry clearance or permission as a child of a person with limited leave as a partner or parent under Appendix FM.
• Permission granted outside the rules as a partner, parent, or child, or based on private life under Article 8 of the Human Rights Convention.

Additionally, permission granted under any route that includes rules allowing an applicant to qualify for settlement may also contribute to the qualifying period outlined in PL 14.1 or PL 14.2, provided the applicant:

• Did not enter the UK unlawfully (unless they have permission to stay on the private life route as a child or young adult).
• Has held permission under paragraph 276ADE or 276BE(2) before 20 June 2022, or Appendix Private Life, for at least one year at the time of application.

Continuous Residence Requirement

Applicants must adhere to the continuous residence criteria detailed in Appendix Continuous Residence to fulfill the qualifying period for settlement.

English Language Requirement

Unless an exemption applies, applicants must demonstrate proficiency in the English language, achieving at least a B1 level on the Common European Framework of Reference for Languages (CEFR) in speaking and listening. Evidence of meeting the English language requirement must be provided as outlined in Appendix English Language.

Knowledge of Life in the UK Requirement

Unless exempt, applicants are required to meet the Knowledge of Life in the UK requirement, as outlined in Appendix KOL UK.

Aden & Co Solicitors, based in London, offer a Super Priority Service for ILR applications, ensuring a decision within 24 hours. As registered specialists with the Home Office, UK Visas & Immigration (UKVI), and their commercial partners, UKVCAS Sopra Steria, we handle ILR applications under exceptional circumstances where significant obstacles to integration are present. By utilizing the Super Priority Service, you can avoid the lengthy wait times that often extend to months or even years, allowing for a swift and efficient decision on your application. Choose Aden & Co Solicitors for a prompt resolution of your ILR case.

How Can We Assist You?

At Aden & Co Solicitors, our expert team of immigration solicitors provides professional immigration advice and legal representation on a fixed-fee basis, specifically for applications for Indefinite Leave to Remain (ILR) based on significant obstacles to integration. The fixed fee covers all aspects of your ILR application until a decision is made by the Home Office UKVI.

Our dedicated immigration solicitors will manage every detail of your ILR application related to significant obstacles to integration, which includes the following:

• Consultation on Eligibility Criteria: Our experienced solicitors will provide detailed guidance on the requirements you must meet for a successful ILR application based on significant obstacles to integration.
• Document Preparation Guidance: We will send you a thorough list of the supporting documents required for your ILR application, ensuring that you have everything needed for submission.
• Document Assessment: Our legal team will carefully review all submitted documents to ensure they comply with the Immigration Rules, giving you confidence in the quality and completeness of your application.
• Application Form Completion: Our immigration experts will accurately complete the necessary application forms, ensuring all relevant information is provided for your ILR application.
• Priority or Super Priority Service: If applicable, we will submit your ILR application through the Priority or Super Priority service, expediting the process to receive a faster decision from the Home Office UKVI.
• Appointment Booking: Once your online application is submitted, our team will arrange your biometrics appointment at the application centre, ensuring all required steps are completed efficiently.
• Detailed Cover Letter Preparation: Our solicitors will draft a comprehensive cover letter in support of your ILR application, clearly outlining how the legal criteria for approval are met, specifically in relation to the significant obstacles to integration.
• Online Document Submission: Before your biometrics appointment, our solicitors will upload all supporting documents to the relevant online portal for consideration in your application.
• Follow-up and Communication: We will handle all follow-up actions with the Home Office UKVI until a decision is made regarding your ILR application based on significant obstacles to integration, ensuring that your application progresses smoothly.

Our Specialized One-Time Services for Immigration Applications

Aden & Co Solicitors offer an extensive array of specialized one-time legal services designed to assist with UK visa and immigration applications. These services cater to individuals who prefer a more focused approach rather than engaging with our comprehensive immigration service. By opting for one of the following one-off services, clients can efficiently navigate their immigration process:

Fixed Fees for ILR Applications Based on Very Significant Obstacles to Integration

At Aden & Co Solicitors, we offer a fixed fee ranging from £1,000 to £2,000 (exclusive of VAT) for your Indefinite Leave to Remain (ILR) application under the grounds of very significant obstacles to integration. The exact fee will be determined based on the complexity and workload associated with your case. Additionally, we provide a Super Priority Service, ensuring your ILR application is processed and decided within 24 hours.

Please note that our fixed fee covers the legal services related to the application but does not include any disbursements, such as the UKVI fee. Applicants are required to separately cover the Home Office UKVI application fees.

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