Indefinite Leave to Remain (ILR) is a type of immigration status in the United Kingdom that grants a person the right to live, work, and study in the UK without any time restrictions. ILR is a significant immigration status that can provide a pathway to British citizenship. Obtaining ILR in the UK is a complex process that requires meeting certain requirements and submitting an application to the Home Office.
To be eligible for ILR, an applicant must meet specific requirements, such as living in the UK for a certain period, having a family member settled in the UK, or being a Commonwealth citizen. The eligibility criteria vary depending on the type of visa or immigration status the applicant currently holds. For example, an applicant who has been living in the UK on a Tier 2 work visa must have completed five years of continuous residence in the UK to be eligible for ILR.
Applying for ILR can be a complicated and lengthy process that requires a thorough understanding of the eligibility criteria, documentation requirements, and application process. It is essential to seek professional advice and guidance to ensure that the application is completed accurately and submitted on time.
Overview of UK Indefinite Leave to Remain (ILR)
Indefinite Leave to Remain (ILR) is a type of immigration status in the United Kingdom that allows a person to live and work in the UK without any time restrictions. This means that an individual with ILR can stay in the UK for as long as they wish, and they are free to travel in and out of the country without any restrictions.
To be eligible for ILR, an individual must have lived in the UK for a certain period of time, usually five years, and must have met the requirements of their visa or immigration category during that time. The requirements for ILR can vary depending on the individual’s circumstances, but generally include factors such as employment, income, and knowledge of the English language.
Once an individual has been granted ILR, they will be issued with a Biometric Residence Permit (BRP) which will show their immigration status as “Indefinite Leave to Remain”. The BRP will last for up to 10 years and will have an expiry date, but the individual’s immigration status will not expire.
ILR is an important immigration status for those who wish to settle in the UK permanently. It allows individuals to access a range of benefits and services, such as healthcare and education, and provides a pathway to British citizenship for those who meet the eligibility requirements.
Overall, ILR is a valuable immigration status for those who wish to make the UK their permanent home. It provides security, stability, and freedom of movement, and is an important step towards achieving British citizenship.
Eligibility Criteria for ILR
To be eligible for Indefinite Leave to Remain (ILR) in the UK, an individual must meet several requirements. This section will provide an overview of the main eligibility criteria for ILR.
Continuous Residence Requirement
One of the key requirements for ILR is that an individual must have lived in the UK continuously for a certain period of time. The length of time required varies depending on the type of visa held by the individual. For example, those on a Tier 2 (General) visa must have lived in the UK continuously for five years, while those on a Tier 1 (Investor) visa must have lived in the UK continuously for two, three, or five years, depending on the amount of investment made.
Financial Requirements
In addition to the continuous residence requirement, there are also financial requirements that must be met in order to be eligible for ILR. For example, those on a Tier 2 (General) visa must earn a certain salary in order to be eligible for ILR. The salary threshold varies depending on the occupation and the individual’s circumstances.
Knowledge of Language and Life in the UK
Another requirement for ILR is that an individual must demonstrate their knowledge of language and life in the UK. This means passing a test that demonstrates their English language ability and knowledge of UK customs and traditions.
Absences from the UK
Finally, there are restrictions on the amount of time an individual can spend outside of the UK while holding a visa that leads to ILR. For example, those on a Tier 2 (General) visa cannot spend more than 180 days outside of the UK in any 12-month period.
Overall, meeting the eligibility criteria for ILR can be a complex process. However, by understanding the requirements and ensuring that they are met, individuals can take an important step towards obtaining ILR and becoming settled in the UK.
Application Process for ILR
Required Documents
To apply for Indefinite Leave to Remain (ILR), applicants must provide the following documents:
- A valid passport or travel document
- Evidence of knowledge of the English language and life in the UK
- Evidence of continuous residence in the UK for the required period
- Evidence of employment or self-employment during the required period
- Evidence of absences from the UK during the required period
Biometric Information Submission
All applicants must provide their biometric information, including fingerprints and a photograph, at a UK Visa and Citizenship Application Services (UKVCAS) center. The biometric information is used to verify the applicant’s identity and to produce a biometric residence permit (BRP).
Application Forms and Fees
Applicants must complete the appropriate application form online and pay the relevant fee. The fee for an ILR application is currently £2,389. The fee is non-refundable, even if the application is refused.
Decision Waiting Times
The standard processing time for an ILR application is six months. However, some applications may take longer to process, especially if additional information is required or if the application is complex. Applicants can choose to pay an additional fee for the priority or super-priority service, which will expedite the processing time.
It is important to note that the ILR application process can be complex and time-consuming. Applicants are advised to seek professional advice and assistance to ensure that they meet all the requirements and to increase their chances of success.
Different Paths to ILR
There are several paths to Indefinite Leave to Remain (ILR) in the UK. The specific path an individual takes depends on their circumstances, including their visa status and how long they have been living in the UK.
ILR as a Partner or Spouse
Individuals who are married to or in a civil partnership with a British citizen or settled person can apply for ILR after living in the UK for two years on a spouse or partner visa. The requirements for this route include passing the Life in the UK test and meeting the English language requirements.
ILR for Work Visa Holders
Work visa holders can apply for ILR after living in the UK for five years on a Tier 2 visa or other eligible work visa. The requirements for this route include meeting the minimum salary requirement, passing the Life in the UK test, and meeting the English language requirements.
ILR for Ancestry Visa Holders
Individuals who hold an Ancestry visa can apply for ILR after living in the UK for five years. The requirements for this route include passing the Life in the UK test and meeting the English language requirements.
Long Residence Route to ILR
Individuals who have lived in the UK for a continuous period of 10 years can apply for ILR under the Long Residence route. The requirements for this route include passing the Life in the UK test and meeting the English language requirements.
It is important to note that the requirements for each route may change over time, and individuals should carefully review the eligibility criteria before applying for ILR.
Conditions and Restrictions of ILR
Indefinite Leave to Remain (ILR) is a status granted to an individual who has lived in the UK for a certain period of time without any immigration restrictions. To be eligible for ILR, an individual must meet specific conditions and requirements set by the UK government.
Conditions for ILR
To be eligible for ILR, an individual must meet the following conditions:
- They must have spent a certain period of time in the UK, usually five years, on a qualifying visa.
- They must not have breached any immigration laws during their stay in the UK.
- They must have sufficient knowledge of the English language and life in the UK.
- They must not have any outstanding debts to the UK government, such as unpaid taxes or healthcare bills.
Restrictions of ILR
While ILR provides an individual with the right to live and work in the UK without any immigration restrictions, there are some restrictions that they must be aware of:
- They cannot spend more than two years outside of the UK without losing their ILR status.
- They cannot engage in any activities that would breach their immigration status, such as working without the appropriate visa or overstaying their visa.
- They cannot vote in UK general elections or stand for public office.
It’s important for individuals with ILR status to be aware of these conditions and restrictions to avoid any potential issues or complications with their immigration status.
Indefinite Leave to Remain Status Maintenance
Once an individual receives Indefinite Leave to Remain (ILR) in the UK, they must ensure that they maintain their status. Failure to do so may result in losing their ILR status and the right to remain in the UK indefinitely.
One of the most important requirements for maintaining ILR status is to not spend more than two years outside of the UK. If an individual spends more than two years outside the UK, they may lose their ILR status. However, there are exceptions to this rule, such as for individuals who are working abroad for a UK company or are accompanying a British citizen spouse or partner.
Another requirement for maintaining ILR status is to not commit any crimes that could result in deportation. This includes serious crimes such as murder, rape, and drug trafficking, as well as lesser offenses such as driving under the influence.
ILR holders must also ensure that they do not engage in any activities that could be considered a threat to national security. This includes involvement in terrorism or extremist activities.
It is important for ILR holders to keep their personal information up to date with the Home Office. This includes changes in address, name, or marital status. Failure to do so may result in difficulties in renewing visas or maintaining ILR status.
Overall, maintaining ILR status requires individuals to comply with UK immigration laws and regulations. By doing so, they can continue to enjoy the benefits of living and working in the UK indefinitely.
Permanent Residence vs. Indefinite Leave to Remain
When it comes to immigration status in the UK, two terms that are often used interchangeably are Permanent Residence and Indefinite Leave to Remain (ILR). While they may seem similar, there are some key differences that are important to understand.
Indefinite Leave to Remain (ILR)
ILR is a status granted to non-EEA nationals who have lived in the UK for a certain period of time and have met the requirements for settlement. Once granted, ILR allows the holder to live and work in the UK without any restrictions. ILR is not a time-limited status, and it can be held indefinitely as long as the holder does not leave the UK for more than two years.
Permanent Residence (PR)
PR is a status granted to EEA nationals and their family members who have lived in the UK for a continuous period of five years exercising their treaty rights. PR allows the holder to live and work in the UK without any restrictions. PR is not a time-limited status, and it can be held indefinitely as long as the holder does not leave the UK for more than two years.
Key Differences
While both ILR and PR allow the holder to live and work in the UK without any restrictions, there are some key differences between the two. One of the main differences is that ILR is granted to non-EEA nationals, while PR is granted to EEA nationals and their family members. Additionally, the requirements for obtaining ILR and PR are different.
Another difference is that PR is a status that is derived from EU law, while ILR is a status that is derived from UK immigration law. This means that PR may be subject to change as a result of Brexit and the UK’s departure from the EU.
In summary, while ILR and PR may seem similar, they are two distinct immigration statuses with different requirements and eligibility criteria. It is important for individuals to understand the differences between the two in order to determine which status is right for them.
Revocation of ILR
Indefinite Leave to Remain (ILR) is a valuable immigration status that allows foreign nationals to live and work in the UK without any immigration restrictions. However, ILR can be revoked in certain circumstances.
According to the UK Visas and Immigration guidance, ILR can be revoked if it was obtained through deception, including by a third party. In such cases, the revocation is carried out under section 76(2) of the Immigration Act 2002.
The guidance further states that ILR can also be revoked if the holder has been absent from the UK for a continuous period of more than two years, or if the holder has been convicted of a serious criminal offence and is considered a threat to national security.
It is important to note that the revocation of ILR is a serious matter that can have significant consequences for the individual concerned. Therefore, it is recommended that anyone facing revocation of their ILR status seeks legal advice as soon as possible.
In conclusion, while ILR is a valuable immigration status that provides foreign nationals with the right to live and work in the UK without any immigration restrictions, it can be revoked in certain circumstances. It is important for ILR holders to be aware of the circumstances under which their ILR status can be revoked and to seek legal advice if they are facing revocation.
Settlement Protection and Refugee Status
To apply for Indefinite Leave to Remain (ILR) in the UK, a person must have been living in the country for a certain period of time and must meet certain eligibility criteria. One of the ways to be eligible for ILR is to have protection status as a refugee or a person with humanitarian protection.
According to the UK government’s official website, a person can apply for ILR if they have spent a continuous period of at least five years in the UK with either refugee status or humanitarian protection. The specific Immigration Rules that are relevant for applicants with protection status are set out in Appendix Settlement Protection (STP) of the Immigration Rules.
The STP outlines the validity, suitability, and eligibility requirements for main applicants (those with refugee status or humanitarian protection) applying for settlement on a protection route. For instance, STP 1-5 sets out the requirements for the validity of the applicant’s protection status, while STP 3.1 requires that the applicant must have spent a continuous period of at least five years in the UK with either refugee status or humanitarian protection.
It is important to note that the applicant’s refugee status or humanitarian protection must not have been revoked or renounced, according to STP 4.1. Additionally, a person with discretionary leave may also be eligible for ILR if they have spent a continuous period of at least six years in the UK.
Overall, the STP provides a framework for assessing the eligibility of applicants with protection status for settlement in the UK. By meeting the eligibility requirements set out in the STP, a person with refugee status or humanitarian protection can apply for ILR and continue to live and work in the UK without any time restrictions.
Impact of Brexit on ILR
Since the UK’s exit from the European Union, there have been changes to the process of obtaining Indefinite Leave to Remain (ILR) in the UK.
One of the most significant changes is that EU citizens no longer have automatic rights to settle in the UK. Instead, they must apply to the EU Settlement Scheme to continue living and working in the UK. Those who have been living in the UK for at least five years can apply for settled status, which is equivalent to ILR.
Non-EU citizens who are eligible for ILR must now apply through the new Points-Based System (PBS), which came into effect on 1 January 2021. The PBS requires applicants to meet certain criteria, including minimum salary thresholds, English language proficiency, and sponsorship by an employer.
It is important to note that the changes brought about by Brexit do not affect those who already hold ILR in the UK. Their status remains unchanged, and they can continue to live and work in the UK without any restrictions.
Overall, the impact of Brexit on ILR has been significant for EU citizens, who must now go through an additional application process to secure their right to live and work in the UK. However, for non-EU citizens, the process of obtaining ILR remains largely the same, with the addition of the PBS criteria.