Indefinite leave to remain if you represent an overseas business

Indefinite leave to remain is how you settle the UK. It gives you the right to live, work and study here for as long as you like, and apply for benefits if you’re eligible. You can use it to apply for British citizenship.

Eligibility

You can apply if:

• you currently have one of the above visas
• you’ve been living and working in the UK for 5 years and spent no more than 180 days outside the UK in any 12 months (known as ‘continuous residence’)
• you provide proof that your employer still needs you to do your job
• you provide proof that you have established a UK-registered branch that is actively trading if you’re a sole representative

If you’re 18 to 64 years old when you apply, you must also:

• pass the Life in the UK Test
• meet the English language requirements

Continuous residence

The 5 years can include time in the UK on another visa if it was one of the following:

• a Representative of an Overseas Business visa
• a Sole Representative of an Overseas Company visa
• a Representative of an Overseas Newspaper, News Agency or Broadcasting Organisation visa

Throughout this period, you must:

• have worked full-time for the overseas business or media organisation you represent, or the UK branch you have established

• have established and supervised a UK branch of the overseas business, if you’re a sole representative

You must not:

• have undertaken work for any other business of engaged in business of your own

Fees and how long it takes

It costs £3,029£3,226 for each person applying.

You’ll usually get a decision within 6 months.

You’ll be contacted if your application is complex and will take longer, for example:

• if your supporting documents need to be verified
• if you need to attend an interview
• because of your personal circumstances, for example if you have a criminal conviction

When your application can be refused

Your application might be refused if, for example, you’ve:

• got a criminal record in the UK or another country
• provided false or incomplete information to the Home Office
• broken UK immigration law

Read the guidance on why applications can be refused.

How to apply

You must apply online.

Once you’ve started your application, you can save your form and complete it later.

You’ll be told which documents you need to provide when you apply.

After you submit your application you’ll be asked to provide your fingerprints and a digital photo (called ‘biometric information’).

Get help using a computer to apply online

You can get help with:

• accessing a computer or the internet
• finding the right information on GOV.UK

You cannot get advice on:

• whether you’re eligible to apply
• what information to put in your application
• an application you’ve already made

Email: visa@we-are-digital.co.uk

Find out about call charges

Biometric information

You’ll be asked to make an appointment at a UK Visa and Citizenship Application Services (UKVCAS) service point to provide your biometric information (your fingerprints and a photo) – there’s no fee for this.

You’ll also need to submit your supporting documents. You can:

• upload them into the online service
• have them scanned at your UKVCAS appointment

Any children aged 6 or over must provide biometric information if you’re applying for them on your form.

Family members (dependants)

Your partner and children under 18 can apply on the same form as you if they’re eligible.

Eligibility for partners

Your partner may qualify if all of the following apply:

• they have permission to be in the UK as your partner, provided they do not have a visitor visa
• your relationship is genuine
• you intend to carry on living together
• you have enough income to support yourselves and your dependants
• you’re not using public funds

They must:

• pass the Life in the UK Test
• meet the English language requirements

Eligibility for children

Your child can apply if they:

• were previously given permission to stay in the UK as your child, provided they do not have a visitor visa
• are not married or in a civil partnership
• will live with you and be supported by you without using public funds

You and your child’s other parent must both be in the UK legally, or currently applying to enter, remain or settle, for the child to be allowed to settle.

Your child can also apply to settle in one of the following situations:

• you’re the child’s sole surviving parent
• you have sole responsibility for the child’s upbringing
• there are serious or compelling family or other considerations, for example you (if you’re settled in the UK) or your child has a serious illness

Extra documents for children over 16

You’ll need to prove:

• where they live - if they do not live with you, you’ll need to explain why
• any rent or upkeep they pay you each month
• that you support them financially if they do not live with you

You’ll need to provide documents such as the ones on this list, to prove where they live:

• bank statement
• credit card bill
• driving licence
• NHS registration document
• a letter from their current school, college or university, on headed paper and issued by an authorised official of that organisation

The documents you provide should not be more than a month old on the date you make your application.

If your child lives away from home, you’ll need to provide evidence they are not living an independent live, for example:

• bank statements for you and your child covering the 3 months before the date you apply (to prove you’ve supported them)
• confirmation from their university or college on headed paper and issued by an authorised official (if they’re studying)

If your child is over 18, they must apply online.