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.
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;
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:
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 )
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.
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.
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.
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!
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(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.
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!
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.
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.
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A spousal visa is no joke, with Home Office making it extremely difficult for someone to bring their spouse to the UK. Besides the financial costs, the emotional strains are almost unbearable. The horror stories you hear and read about, give you sleepless nights. This is not for the faint hearted, and definitely something that you can’t do alone.
I would suggest anyone struggling to get a visa for your spouse to make contact with Muazzam at TMC. Be warned however, that you should listen closely to his advice, ensure that you give him all the facts. Supply everything that’s needed, miss nothing.
Thank you all, once again, for everything. We will be in touch for the visa extensions and the citizenship applications
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A special thanks to Asrar and to Muazzam. You guys did an excellent job and myself and my family will be forever grateful to TMC. May you continue to succeed in your business and grow.
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5.0 star rating
Family Seek Visa help from TMC Solicitors. My sister and my two daughters have been refused a Genuine Standard Family UK Visiting Visa from Nigeria on several occasions. I finally sought for help from TMC Solicitors and they go through the previous refusal applications and they helped me to prepared a professional and well-presented application. The Solicitors ensure every points raised by the Entry Visa Clearance in the previous refusals were properly addressed, to my greatest shock and surprised the Entry Visa Clearance erroneously refused the Applicant's application. It was apparent that the ECO did not consider our new evidence submitted with the application. It was so sad and ridiculous that the ECO said there will be no Administrative Review or Appeal for the Applicant's . Thank God for TMC Solicitors that encourage me to challenge the decision. The solicitors wrote a Pre-Action Protocol letter to the Home Office and challenge the unreasonable decision of the ECO, shortly after they submitted an application for Judicial Review. At the end we received a good news from the Home Office that the Applicantions will be reconsidered and the Applicant's will be granted their Visa. I would like to use this opportunity to express my profound gratitude to TMC Solicitors for all their caring and professional dedication throughout the process. Thank you once again TMC Solicitors and I will always recommend your good work and services to anyone seeking help on their immigration problem.
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My future daughter-in-law had her fiancee visa refused on the grounds that she hadn't provided sufficient evidence of a long-term relationship with my son - she could have produced this if asked - and the whole family was deeply upset. In desperation we sought the legal advice of Immigration Solicitors 4me (locally known as TMC Solicitors). All the staff were extremely helpful and their legal expert, Muazzam Chughtai was fantastic. He looked carefully at all the documents we supplied and felt that my son's fiancee had such a strong case that she should apply again rather than appeal the original decision - which could take up to 48 weeks.
Muazzam gave us really good advice on what extra evidence we should provide and his covering letter was so strong that my son's fiancee was granted her visa less than 2 months after she was initially refused. It was the best Christmas present we could have wished for!
In conclusion, I can recommend them wholeheartedly if you want expert advice and help on immigration matters and visa applications.
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