What is Indefinite Leave to Remain (ILR)?
Indefinite leave to remain in the UK is known as ‘settlement’ or ‘ILR’ which means you can stay in the UK without any time restrictions. If you are granted ILR you are free to enter, live and work in the UK without any restrictions, as long as you abide by the UK laws. If you hold ILR status, you may also be entitled to certain benefits or tax credits.
What are the eligibility requirements for Indefinite Leave to Remain (ILR)?
You don't automatically qualify for Indefinite Leave to Remain even if you have been in the UK for a continuous period of lawful residence. To become a permanent resident in the UK, you must submit an application for ILR to the UK Visa and Immigration department at the Home Office for consideration.
Before applying for ILR, you must usually complete a qualifying period prior to applying for settlement in the UK. Typically, you must have been in the UK for at least 5 years; in some cases this is reduced to 3 years. You need to also have entered the UK through a qualifying visa route. This could have been through a Spouse Visa or Tier 1 and Tier 2 Visas.
To support your application, you will need to submit evidence of your eligibility. This usually includes:
Continuous lawful residence in the UK meeting the qualifying period prior to applying
Notification of any absences from the UK as this could affect your eligibility
Certification that you have passed a Life in the UK test which is based on British culture, history, and traditions
Evidence of your ability to speak English to the required standard
Evidence that you are of good character and have not breached immigration or national laws
What is the difference between leave to remain and indefinite leave to remain?
Individuals who have been granted leave to remain in the UK, are allowed to stay for a specific period of time and your activities are limited to the restrictions of your visa. For example, your visa document will outline whether you are entitled to work or study in the UK.
On the other hand, indefinite leave to remain is granted to individuals who now have permanent lawful status in the UK as a settled person. This means that you are no longer subject to immigration control and may gain additional rights and entitlements to state benefits or tax credits.
Can Indefinite Leave to Remain Status be revoked?
Indefinite Leave to Remain does not expire however there are some exceptions that could result in your status being revoked. This could include the following circumstances:
You were granted ILR under refugee status but circumstances have changed and you are no longer classed as a refugee
You are liable to deportation
You were found to have been granted ILR by deception
You have been absent from the UK for a period of longer than 2 years
If you think your status is at risk of being revoked, get in touch with Masaud Solicitors for expert legal advice tailored to your circumstances. Our experienced team can outline your options and legal rights depending on your unique case.
What can I do if my Indefinite Leave to Remain application is rejected?
In the unfortunate circumstance that your application has been rejected, you may be able to appeal the decision. Firstly, it will be important to understand the reasons for the refusal; these are usually outlined in your rejection letter.
Often, minor errors can be corrected or clarified before resubmitting your application. However, if you think a genuine mistake was made in administration, where a critical piece of evidence was overlooked or not taken into consideration, you can opt for an administrative review. This means that your application will be reconsidered by a different immigration official at the Home Office.
Alternatively, if you believe that your application has been unfairly rejected, you can appeal the decision to the Home Office.
In certain circumstances, you may be able to lodge an official appeal against the Home Office's decision. Your refusal letter will usually outline if this option is available to you.
At Masaud Solicitors, we often work with clients who have received refusal letters and want to challenge the decision. We pride ourselves on attention to detail and will strive to ensure that your application has the strongest chance of success at resubmission. Get in touch with an experienced solicitor today to help your case.
Legal advice for Indefinite Leave to Remain (ILR)
Our team of experienced immigration solicitors at Masaud Solicitors can support your case for Indefinite Leave to Remain (ILR) or Settlement in the UK. Our dedicated legal team can assist you in ensuring that you submit the required documentation and evidence to meet Home Office guidance. We will provide expert legal advice to ensure that you are fully aware of your rights and requirements, based on your unique circumstances. Get in touch for a free no obligation consultation with an expert legal advisor.
Settlement & Indefinite Leave to Remain (ILR)
Find out how our team of experienced immigration solicitors can support your application for Indefinite Leave to Remain and settle in the UK.