Indefinite Leave to Remain
Indefinite Leave to Remain
As you have legally lived in the United Kingdom for a certain length of time (usually at least 5 years), you may be able to apply to settle permanently in the UK, depending on your current immigration category. The holder of Indefinite Leave to Remain has acquired the freedom to work or run a business, and to participate in most things just like a British citizen.
You must satisfy the condition under the Immigration rules for your successful application. Your right to apply for ILR is depending on your current visa and whether you continue to meet the criteria for that category.
You can either apply your ILR by post or same day Premium Service. Postal applications for Indefinite Leave to Remain can take up to six months to be processed and completed, during which time you will need to surrender your passport.
You must aware that ILR holder must not have travelled or have resided in any place outside the UK for more than 2 years or the holder could have the residency being withdrawn and the right to return will be lost. Contact us with your details if you find that latter situation applies to you and we are able to discuss a possibility of application to reclaim the residence; or how you can avoid this problem. (There is no time limit on Indefinite Leave to Remain in the UK but it is important to understand that the status can be lost. For example, you should avoid spending periods of more than two years outside the UK as this may lead to the loss of Indefinite Leave to Remain. It may also be revoked if you commit an offence that could lead to you being deported from the UK, or for reasons of national security.)
Current immigration category which entitles you to a permanent settlement as below:
- Family categories – for partners (husbands, wives, civil partners and unmarried/same-sex partners), children (including adopted children) under 18, and other dependent relatives (such as parents and grandparents)
- Work categories – for migrants who are currently working in the UK
- Other categories – for migrants who are currently in the UK for other reason, such as Long Residence
Knowledge of Language and Life in the UK
Most applicants for indefinite leave to remain will need to show that they have a good knowledge of language and life in the UK when they apply. In order to demonstrate a good knowledge of language and life in the UK prior to application for settlement, most applicants will have to do this by: passing the “Life in the UK” test.
Certain applicants for settlement are exempt from this requirement, such as:
- exemption because of your age
- exemption because of your disability
*If you require special arrangements to be able to learn English or take a test, you are not exempt and you must meet the knowledge of language and life in the UK requirement.
Demonstrate English Language
In order to demonstrate English Language in the UK prior to application for settlement, most applicants will have to do this by: passing the B1 level Certificate, which approved by Home Office.
Why Choose Imin4U?
We keep our client’s updated with new rules and procedure and act in their best interest.
We advise you on the future applications for British Citizenship for those who will complete required number of years in the UK.
We answer your queries even after your application has been submitted and approved on what you are required to next.
We also understand the stresses involved with pursuing the process, and take great pride in playing a supportive role to make the application process as smooth as possible.
Q & A
- 1. Am I eligible?
- 2. Should I sit the Life in the UK Test?
- 3. I am applying for Settlement, is my Life in the UK Test certificate enough?
- 4. I have some unspent convictions, will this affect my Indefinite Leave to Remain (ILR) application?
Qualification criteria vary depending on the type of visa status you have held in the UK, with some operating on a points-based system.
When you can apply for Indefinite leave to Remain depends on the visa held:
- Partner of a British Citizen or Person settled in the UK visa: after two years for visas issued prior to 9 July 2012, after five or ten years if applied on or after 9 July 2012
- Tier 1 visa: after five years
- Tier 2 visa: in limited circumstances only, after five years
- UK ancestry visa: after 5 years
- EU nationals and dependants: after 5 years
- Discretionary Leave to Remain: 6 years
- Long residence: after 10 years continuous legal residency in the UK
- Returning resident: if settled in the UK prior to departure and returning to the UK within 2 years of departure, then may be able to apply immediately on return
Across all visa types you will need to be free of any unspent convictions.
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