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INDEFINITE LEAVE TO REMAIN

This visa is a permanent residency visa. Indefinite Leave to Remain (ILR), is an immigration status that allows non-British citizens to permanently settle in the UK. It provides more status that the visa despite not quite being a citizenship. Once granted the ILR, there is limit to your length of stay in the UK. You are at liberty to live and work indefinitely.

 

What can I do when I am granted ILR? majority of work fields will be eligible to apply for ILR after 5 years. Additionally, after 12 months of living in the UK with ILR, you can apply for British Citizenship.

 

What can I do when I am granted ILR?

 

  • You can live in the UK without any limit to your length of stay.
  • You can be self-employed or work in any profession or Business.
  • You will have free access to the National Health Service.
  • You can vote (except under particular circumstances).
  • You may study.
  • You can apply for access to some benefits.

 

Before you apply:

 

There are certain requirements you should meet before submitting your application. These requirements are dependent on your current category of immigration.

 

The common criteria for ILR between work categories are for those aged between 18-65 are:

 

  • English language requirement and CEFR Level B1.
  • Pass the Life in the UK Test.
  • Provide a full schedule of your absences from the UK over the last five years (also known as the “qualifying period”). Your absences should not breech 180 days in any 12-month rolling period.

 

If you are a Tier 2 (General) holder, you should provide an employer letter confirming your job role (which should remain in-line with the selected SOC Code), current salary, and confirmation that you are still required for the role.

 

Tier 2 (Intra Company Transfer) visa are not eligible for ILR as the purpose of this role is for temporary transfers of talent to the UK.  Advice should be sought at the earliest opportunity if you are currently in the Tier 2 (Intra Company Transfer) visa category and wish to settle in the UK permanently. This is because the time within this visa category will not be counted towards your fi -year qualifying period.

FAQs:

Your Biometric Residence Permit will present your settled status in the UK. It usually says one of the following:

 

  • ‘Indefinite leave to remain’
  • ‘Indefinite leave to enter’
  • ‘No time limit’

 

You will have an expiry date on your BRP and a length of stay for 10 years. A replacement must be applied for 3 months before expiry. Your BRP should be taken with you in your travels outside of the UK to ensure re-entry upon return. What if I leave the UK after being granted ILR?

You may be eligible for a returning resident visa if you are out of the UK for more than two years. You must show that you plan to return to permanently live in the UK.

Family members may join depending their relationship to you and the type of family member they are.

Your child will hold British citizen status automatically from birth.

If you have a child (under the age of 18) who is not a British citizen, but who was born in the UK on or after 1 January 1983, they can register as a British citizen once you are granted ILR.

Unlike British citizenship, ILR may be taken away under certain circumstances: 

 

  1. If you obtained leave by deception
  2. If you were granted ILR as a refugee, and cease to be a refugee
  3. If you stay outside of the UK for a continuous period of two years.

You may be eligible for the wind rush scheme If you or your parents came from a Commonwealth country and were settled in the UK on 1 January 1973, or arrived in the UK from any country before 1988.

Contact White Horse Solicitors & Notary Public for expert advice by experienced professionals on all areas of Immigration law. The many conditions and immigration requirements that must be met are handled by White Horse Solicitors and Notary Public with excellent professionalism, reliable conduct and integrity. We will ensure that our advice focuses on your personal circumstances and will always aim to achieve brilliant results for our clients.

 

White Horse Solicitors & Notary Public is well placed and highly qualified in providing professional advice and assistance on making an application for Indefinite Leave to Remain (ILR). We recommend getting in contact with us on 020 7118 1778 for our specialist and professional advice on such an application before any action is taken.

The information contained on this page is sourced from UK Visas and Immigration and is subject to change. White Horse Solicitors & Notary Public makes every effort to keep this information current, however prices and information cannot be guaranteed and should always be checked on www.gov.uk.

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