REVOCATION OF INDEFINITE LEAVE TO REMAIN

When a person is granted an indefinite leave to remain they can live, study or work in the United Kingdom without being subjected to any conditions or validity period. Also, the indefinite leave to remain is granted only after an individual meets the qualifying residence period and other eligibility requirements. Indefinite leave to remain is also known as settlement or settled status in the United Kingdom.

Even though the grant of indefinite leave to remain is permanent, their circumstances under the law which provide for its revocation. The indefinite leave to remain can be revoked if the individual in question is liable to be deported due to certain other legal reasons this cannot be executed. It can be revoked if the individual ceases to be a refugee. In this event the dependents if any of such refugees will also lose their indefinite leave to remain.

Another reason for revocation of the indefinite leave to remain is when the individual had obtained it with deception. The revocation of indefinite leave to remain is done to let the authorities take any alternative action against foreign national offenders or others. For this, their deportation should be based on either a conducive ground to the public good or justified on grounds of public policy or public security. And their deportation should be such that it cannot be executed under the UK’s obligations under the ECHR or the Refugee Convention.

The revocation of indefinite leave to remain is also done so that war criminals and perpetrators of other serious crimes should not get away from the consequences of their actions simply because they now hold indefinite leave. Revocation of indefinite leave to remain on the grounds mentioned above also implants public confidence in the immigration system. ?These measures are laid down ensuring that abuse is tackled and the entitlement to hold indefinite leave is removed from individuals where appropriate.

When making a decision with respect to the revocation of indefinite leave to remain the authorities depending upon the circumstances need to also consider the best interest of the child immigration laws and the UN Convention on the rights of the child. This is done so that the child should not be affected when a decision to revoke a person’s indefinite leave to remain is being made. In such cases where a decision to revoke a person’s indefinite leave to remain could affect the child involved is being made the authorities need to carefully examine the evidence and the best interests of the child.

The authorities are required to give the person and their dependants if any a prior notice containing reasons for revocation being considered by them. It should also give them the opportunity to respond with their say as to why it should not be revoked and should contain the period within which the individual in question should respond to the notice. At the end of this period depending upon the circumstances, reasons and pieces of evidence provided by the person whose indefinite leave to remain is being considered for revocation the appropriate authority will make a decision and inform them about the same.

To know more about the revocation of indefinite leave to remain and for guidance, you can get in touch with the ICS Legal immigration advisors. We have qualified immigration advisers and we are regulated by the OISC as well. An immigration adviser can help you to know your possible options and the correct steps forward. You can reach out to us on 0207 237 3388 or drop us an email at [email protected]. Read more about us and our services at www.icslegal.com.