INDEFINITE LEAVE TO REMAIN
INDEFINITE LEAVE TO REMAIN
Indefinite leave to remain (ILR) is a way you get to settle in the UK. This is also referred to as ‘settlement’. This means one gets the right to live, work and study in the UK for as long as they like and can apply for benefits that are available to them. Once you have an indefinite leave to remain one can apply for British citizenship.
So if you have ILR there is no longer any limit on your ability to live in the UK and if you also have your home is in the UK then you will be regarded as settled in the UK. Once you have ILR you are free to work in the UK in any business, profession or employment. It also includes self-employment. However you must always comply with the law and any statutory regulations applicable for that business, profession or employment.
Besides having eligibility to work in the UK without any restrictions one is also free to study in the UK. Other benefits of having ILR include having right to vote if you meet all eligibility criteria laid down by law, access to free healthcare and access to other benefits and services such as State pension.
Another benefit of having ILR is that if you have a child in the UK while you are settled there they will normally be a British citizen automatically at birth. If you have a child who was born in the UK after 1 January 1983 and who is not a British citizen, they may be entitled to be registered as a British citizen once you are settled in the UK. Similarly your family members who are not British citizens may be able to join you in the UK.
There are several ways on how one can apply for indefinite leave to remain in the UK based on your circumstances. The first way is if you have a work visa. For this you must usually have lived and worked in the UK for 5 years. But if you have a tier 1 visa, it can be 2 or 3 years and if you have an Innovator or Global Talent visa, it can be 3 years. One may also need to meet the salary or financial requirements. Applying for ILR further depends on the type of visa you have. For instance whether you have a tier 2, T2, International Sportsperson or Skilled Worker visa or a Global Talent, Tier 1 Entrepreneur or Investor visa and so on.
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The second way is if you have family in the UK. So one may be able to apply if they have a partner, parent or child or other relative settled in the UK. The person could be settled in UK either as a British citizen or be a person with indefinite leave to remain. Applying for ILR further depends on which visa you have and how your family member is settled in the UK.
The third way to apply for ILR is if you’ve been living in the UK for 10 years or more. So if you have been living in the UK for 10 years or more then you can apply for ILR. Another way to apply is if you’re a Commonwealth citizen. This means you can apply if you’ve been living in the UK for 5 years on a UK Ancestry visa. Some Commonwealth citizens have right of abode in the UK. This means you can live or work in the UK without immigration restrictions.
Other ways to apply for indefinite leave to remain include if you are a refugee or have humanitarian protection or Discretionary Leave, or are returning to the UK having previously had the indefinite leave to remain or served in the armed forces.
One must note that your indefinite leave to enter or remain be taken away. For instance if you are deported from the UK your indefinite leave will be invalidated. Indefinite leave can also be taken away or revoked if you are liable to deportation but cannot be removed for legal reasons, such as the UK’s obligations under the Refugee Convention or the European Convention on Human Rights or you had obtained leave by deception or because at the time when you were granted leave you were a refugee and now cease to be a refugee.
Besides this your indefinite leave can also lapse. So if you stay outside the UK for 2 or more years at a time your ILR will lapse. If you are granted settled status under the EU Settlement Scheme then it is 5 or more years. However if you’re a Swiss citizen with settled status under the EU Settlement Scheme your indefinite leave will lapse if you stay outside the UK for 4 years or more in a row. It is also pertinent to note that one should take their biometric residence permit along if they are travelling outside the UK otherwise they may be refused re-entry to the UK.
To know more about this and the UK visas, its suitability to your circumstances you can consult the ICS legal advisors. This will help you know your possible options and correct steps forward.