Overview of what ILR in the Uk eligibility, and the rights it grants. Indefinite Leave to Remain, commonly known as settlement, grants individuals freedom from immigration restrictions, including access to public funds and the need for visa extension towards the end of their visa period.
What distinguishes Permanent Residence from Indefinite Leave to Remain?
While both Permanent Residence and Indefinite Leave to Remain grant similar rights to their holders, there is a critical difference in the basis on which they are granted. Permanent Residence is obtained under the EEA Regulations, whereas Indefinite Leave to Remain falls under the Immigration Rules.
The requirements for obtaining Permanent Residence are generally less stringent due to the principles of free movement and the UK’s membership in the EU. However, with Brexit and the UK’s decision to leave the EU, applicants now have the option to apply for EU Settled Status instead of Permanent Residence.
Does Indefinite Leave to Remain expire in the UK?
No, Indefinite Leave to Remain itself does not have an expiration date. However, holders of Indefinite Leave to Remain will need to replace their Biometric Residence Permits every five years.
It is important to note that Indefinite Leave to Remain can lapse if the holder is outside of the UK for a continuous period of 2 years. If an applicant wishes to return to the UK after being away for more than two years, they can apply for a Returning Resident visa or submit a new visa application to re-enter the UK.
Is it possible to lose Indefinite Leave to Remain ILR in the UK?
It is possible for an individual to have their Indefinite Leave to Remain revoked in the UK. There are specific circumstances in which this can occur:
- If the individual is liable for deportation.
- If the grant of Indefinite Leave to Remain was obtained through deception.
- If the individual’s refugee status is terminated due to their actions.
It’s important to note that Indefinite Leave to Remain will be invalidated if an individual is deported from the UK.
How long does it take to obtain Indefinite Leave to Remain in the UK?
The timeline for obtaining Indefinite Leave to Remain in the UK varies depending on the visa route chosen. Most applicants can apply for settlement after spending five years with lawful leave in the UK under the same visa route, such as a spouse visa or Tier 2 visa. It is important to note that leave from different routes cannot be combined to count towards the 5-year settlement requirement.
For individuals who wish to combine various types of leave, such as a Tier 4 student visa followed by a Tier 2 General visa and then a spouse visa, the qualifying period for settlement is extended to 10 years. Similarly, applicants with discretionary leave to remain, where not all visa requirements could be met, but the Secretary of State still grants permission to stay, will follow the 10-year settlement route.
In certain circumstances, some applicants may be eligible to apply for accelerated settlement if they meet additional requirements, such as those used under the Tier 1 Investor Visa scheme.
Submit your Indefinite Leave to Remain application with the help of our immigration solicitors in London.
Qualified and specialized in immigration and visa law, our legal representatives are here to provide expert advice on immigration matters and assist you in understanding your immigration status. You have the option to engage an immigration and visa legal representative to handle your indefinite leave to remain application.
The caseworkers at the Home Office are trained to reject applications that are not properly prepared, including those lacking the necessary supporting evidence. To ensure the success of your indefinite leave to remain application, it is crucial to provide all the required documents. Our immigration solicitors in London are available to guide you through the entire visa process.
Preparing and submitting an indefinite leave to remain application can be a complex administrative task, requiring accurate and appropriate documentary evidence. The UK Immigration Rules can be intricate, but with the support of our legal representatives, specifically our immigration solicitors in London, we can ensure that your spouse’s extension application aligns with the Immigration Rules.
Achieve success in your Indefinite Leave to Remain application with the assistance of our immigration solicitors in London.
Our team comprises specialist immigration lawyers, including solicitors and barristers, who are dedicated to representing your best interests. Right from the start, our immigration solicitors in London adopt a client-focused approach, tailoring our services to your specific needs. During our initial meeting, we will provide comprehensive advice on your immigration status and assess the strength of your application before it is submitted to the Home Office UK Visa & Immigration department. Our immigration solicitors in London will support you throughout the preparation and submission of your settlement application, ensuring that you meet all the requirements outlined in the relevant rules.
Effective preparation is crucial for a successful indefinite leave to remain application. Our UK immigration and visa solicitors are here to provide expert guidance on navigating through the complex immigration rules and meeting the requirements. If you would like to arrange a consultation with one of our lawyers, please get in touch with our Immigration Team. We will assess your case thoroughly and discuss the best way forward.