Indefinite leave to remain | How to Apply, Eligibility, Documents & Processing Time
Indefinite Leave to Remain abbreviated as ILR is a document that proves that the bearer has been granted immigration status after living in the UK for some time under a temporary visa. To be granted this status, you must have shown your commitment to the UK. It is also known as the UK settlement visa and with this document, you can now enjoy life in the UK without any limitations of time.
You can study, work or enjoy most of the privileges and advantages that a British Citizen enjoys. With this status, you can also leave or enter the UK without any restrictions.
Applying for the Indefinite Leave to Remain in the UK, you will need to follow the laid down procedure. It might be tricky to do so if it is your first time and that’s why you may need one of the UK’s most reliable visa and Indefinite Leave to Remain immigration solicitors.
Here at immigration solicitors 4 Me, we offer the services of our competent solicitors, who are ready to take you through the process and ensure that your indefinite leave to remain application or ILR application meets success.
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Who May Qualify for Indefinite leave to remain?
To qualify for an Indefinite Leave to Remain visa extension (apply ILR) you must apply when already in the UK and you must show proof that you’ve been in the country for some time under one of the other visas.
There are specific categories of people to whom the Home office grants this status. This is after they have fulfilled several criteria including having legally resided in the UK for quite some time.
Following are some of the categories;
- Ancestry visa holders: These must have lived in the UK for not less than five years.
- Spouses under a marriage visa: The marriage visa, in this case, must have been obtained on or after the 9th of July 2012 and one needs to have stayed in the UK for not less than five years.
- Work permit visa: This is granted to those who come to the UK for work and they must have worked in the country for at least five years.
Indefinite Leave to Remain Eligibility Criteria
Even if you qualify for an Indefinite Leave to Remain under the above and various other categories, there are a few reasons one may not be eligible for ILR UK.
Some of them are as under:
- If you have spent most of your five years outside the UK
- You have failed to pay taxes as required by the law
- You have submitted your application way before time
- You will be locked out if you don’t submit all the required documents
- If you have a negative immigration history
- You have been convicted for at least two years during your stay in the UK
When to Apply for Indefinite leave to remain?
When you apply for indefinite leave to remain, you must do so before the expiry of the existing UK visa. This should not be done twenty-eight days before the expiry period. If you do apply, your application may be declined. Furthermore, you would lose the fee and you have to pay again when Indefinite Leave to Remain visa reapply or Indefinite Leave to Remain visa appeal. ( ILR visa appeal )
How to Fill the Application Form
- You will be required to fill out a SET (M) or a SET (O) form and this depends on the visa you have been staying in while in the UK.
- The personal history section should be filled in and do not leave any blanks. The application form must contain similar information that is in the required documents.
Applying as a Partner of Someone Settled in the UK
When applying for a spouse visa ILR as a partner of a person settled in the UK, you will need to use the SET (M) form and you can add children under eighteen as dependents.
To qualify for this, you must have stayed with the partner for not less than five years. You must also meet the financial requirement of a minimum of £18,600.
This amount will be calculated in terms of the income from your sponsor, you and your sponsor’s pensions, any salary that you receive from the UK, and cash savings of over £16,000.
Indefinite Leave to Remain (ILR) Requirements
When applying for an Indefinite Leave to Remain, you must have stayed in the UK for not less than five years, and during those years, you must have complied fully with the requirements of your visa.
The five-year period in question includes the time that you got your visa or was given permission to live in the UK and this period must be without gaps- you must show proof that you have stayed in this country continuously.
The Home Office may decline your Indefinite ‘Leave to Remain’(ILR) application if gaps are exceeding a certain period.
Indefinite Leave to Remain Processing Time
The processing of the Indefinite Leave to Remain can take up to six months and during this time, you will need to surrender your passport.
Within this period, you will be informed whether your application was successful and if not, then you will get guidance on what to do.
Again, you can book a priority appointment with the Home Office (at some fee) for 24 hours decision. Most people especially ones that are not willing to go through the entire procedure opt for this service.
Note- Application for an Indefinite Leave to Remain varies greatly depending on the current visa category availed by the applicant.
What are my rights with Indefinite Leave to Remain?
Indefinite Leave to Remain is the status in which you are legally allowed to live in the UK without any time constraints after being granted this immigration status. It is often referred to as 'settled status. Once you have been granted Indefinite Leave, you can remain in the UK at any time until your leave expires. This means that if you are given indefinite leave on 1st July 2015 it will expire on 30th June 2020 - all being well! You do not need to renew or apply for ILR (unless of course if there was a change in circumstances) with the help of ILR immigration solicitors.
Once you get settled with ILR, this entitles you to many rights including working without restrictions; studying without restrictions; bringing your family over; the ability to access the NHS; and most importantly, you can apply for British citizenship. Some key things to remember about Indefinite Leave are: it is usually given with a requirement of 'no recourse to public funds; it is very easy to lose your ILR if you do not abide by the rules; it is valid for life unless you commit an offense or leave the UK for more than two years!
What you can do in case of Refusal
In case, of your Indefinite Leave to Remain visa refusal or ILR refusal you should be ready for any decision and if your documents don’t measure up to the required criteria, they could be declined.
The best decision here is to apply for an extension of stay for two years, this will give you ample time to fully comply with the requirements of the Indefinite Leave to Remain, and then you can reapply.
For further consultation on an indefinite leave to remain refusal or ILR visa refusal decision, you can contact our indefinite leave to remain solicitors, or ILR lawyers We are confident to guide you in the right direction with the help of ILR solicitors while reapplying for the ILR.
If your Indefinite Leave to Remain visa denied, or your ILR visa rejected you will be given a letter detailing the reasons why. You will then have a right of appeal to the Immigration and Asylum Tribunal. The Tribunal is an independent body that will review your case and make a decision on whether your application should be granted or not. It is important to get legal advice if you are considering appealing a refusal, as the process can be quite complex.
If you are successful with your appeal, you will be granted Indefinite Leave to Remain. If you are unsuccessful, you may have to leave the UK. It is always best to seek legal advice if you find yourself in this situation.
British Citizenship and Indefinite Leave to Remain
British citizenship and Indefinite Leave to Remain(ILR) are two different things. Although the two have some common requirements, you should not confuse them.
The Indefinite leave to remain allows you to “settle” in the UK and with this status, you no longer are subject to the Immigration controls-that means you can enter and exit the country any time you wish.
Once you have lived in the UK under the ILR status, you can now apply for British citizenship, also known as “naturalization”. This gives you the right to own a British passport with the full rights of a UK citizen.
Will I automatically receive British citizenship when ILR ends?
As a general rule, you should apply for British citizenship as soon as your Indefinite Leave to Remain expires. The application process is usually much easier than the ILR application and generally does not require much evidence. However, we do recommend that you get in touch with us as soon as possible so that we can take care of all necessary paperwork and requirements. You will still be eligible for British citizenship even if your ILR refused or you overstayed by up to 28 days!
Biometric Residence Permit with Indefinite Leave to Remain
As of September 2018, all ILR holders will be required to have a Biometric Residence Permit (BRP). This is a credit-card-sized document that holds your biometric information (e.g., fingerprints and photograph). You will be issued a BRP within one month of receiving your ILR.
You must carry your BRP with you at all times and present it if asked by the police or immigration officials. If you lose your BRP, you must report this to the police as soon as possible. You will not be able to leave or enter the UK without a valid BRP.
Indefinite Leave to Remain UK as a spouse or partner
As of 9th July 2012, certain couples must show that they can provide evidence of their English language skills and knowledge about life in the United Kingdom. There are three different tests you may need to take: a speaking and listening test; a reading and writing test; or an English for Speakers of Other Languages (ESOL) course. Once passed, the results will be valid for two years, and then it is up to you to pay another fee (£50) to have your proficiency re-assessed after this time. For more information about testing, please see our 'Indefinite Leave to Remain UK Spouse' section. You will also be required to meet certain other requirements such as having lived with your spouse for at least two years out of the last five.
If you are successful in meeting all the requirements, you will be granted Indefinite Leave to Remain as a spouse or partner. This allows you to live, work and study in the UK without any restrictions. You may also bring your family over to the UK and access the NHS. After five years of continuous residence in the UK on ILR as a spouse/partner, you may be eligible to apply for British citizenship.
