Indefinite Leave to Remain UK is a legal status granted to people who are not citizens of the United Kingdom. It entitles a person to stay in the UK permanently, without restriction on how long they can stay in the country. The benefit of Indefinite leave to remain is that it allows the holder to move freely within the UK. But the requirements for this status are a little complicated. Let’s take a closer look at what you need to do to qualify for indefinite leave to remain.
Paths to indefinite leave to remain UK
The Immigration and Asylum Department offers two main Paths to Indefinite Leave to Remain for foreign nationals. The first, the Discretionary Leave to Remain (DLTR), is available for a period of six years, and is reserved for exceptional circumstances. Alternatively, a parent or partner can apply for a ten-year path to Indefinite Leave to Remain, with a stronger case.
Both pathways require continuous lawful presence in the UK. This means no breach of immigration rules, no more than 180 days spent outside the UK in a twelve-month period, and you must meet certain financial requirements. Although the duration of Indefinite Leave to Remain is indefinite, it may be revoked if you are absent from the UK for two years or more. The BRP, on the other hand, doesn’t expire.
The UK Visa and Citizenship Application Service (UKVCAS) requires you to provide biometric data and documentary proof. You can provide your documentation online, or at a UKVCAS appointment. If you don’t want to attend a UKVCAS appointment, you can provide them with copies of your Indefinite Leave to Remain documents. You can apply for Indefinite Leave to Remain online if your spouse is already a UK resident.
Requirements for ILR
The requirements for ILR according to Immigration Lawyers vary depending on the country you come from. You must have an English language test and an approved English degree. If you studied outside the UK, your degree must have been taught in English. The English language requirement does not apply if you studied in the UK, but if you do, you must obtain a Biometric Residence Permit before applying for ILR. You should also know how to make an assessment about your chances of success when you apply for ILR.
There are several reasons why you should hire an immigration lawyer. Not only will your lawyer be familiar with the laws and procedures surrounding immigration law, but they will also be able to assist you with the paperwork. ILR applications are complex, and mistakes in preparing them can cost you time and money. Hiring an attorney will make the process easier and give you more time to focus on your studies. You’ll have a better chance of success when your application is processed on time.
Five-year residency rule
Indefinite leave to remain is a privilege granted to UK citizens who have been in the country for a set period of time. In many circumstances, the five-year rule does not apply to people with Treaty rights. However, EEA citizens can apply for permanent residence after residing in the UK for four years. Then, their status reverts to temporary residence after two years and six months.
There are two routes for applying for ILR. The first is through the standard route. EU nationals who came to the UK before 30 June 2021 must have acquired lawful status under the EU settlement scheme. This scheme closed on 30 June 2021, so the five-year residency rule still applies to them. After five years, you will qualify for full settled status, which is the same as ILR. If you did not enter the UK before 8 July 2012, you have two years of residency instead of five.
Benefits of ILR
For people who are long-term residents of the UK, Indefinite Leave to Remain (ILR) is a great option. Applicants can enjoy many of the same benefits as a full British citizen. However, there are restrictions. It does not provide the same access to public services or funds. Listed below are some of the benefits of ILR. These include: a path towards citizenship; the right to work and study in the UK; and the ability to invite family members to join you.
ILR is only available to migrants who meet certain eligibility criteria. For example, skilled workers may be eligible for sponsored work visas. People applying for ILR must meet certain requirements and live in the UK for 12 months. After this time, they must apply for British citizenship. The British Government will only grant ILR to migrants who have lived in the UK for the required period. The process is lengthy, but it demonstrates a person’s commitment to living in the country.