Your guide to Indefinite Leave to Remain
For many applicants, Indefinite Leave to Remain (ILR) is the penultimate step in their UK visa journey. With no need to apply for further visas thereafter and only one step away from an actual British passport and citizenship, it is often the target that many migrants work towards in order to secure their own and their family’s future. With immigration laws here in the UK being tightened, however, many migrants are fearful of seeing their ILR application being rejected. We hope that this article helps to ease some common concerns regarding this type of immigration status.
ILR in a nutshell
ILR, also known as settlement, is essentially permanent residency status and allows the holder to live and work (freely) in the UK for an indefinite period of time. Since permanent residency status is required before you can acquire British citizenship, the acquisition of ILR is a huge step towards securing a British passport.
Who can apply?
Only applicants who have already been in the UK for a certain amount of time and within a visa category which leads to settlement, can then apply for ILR. For example, Tier 1 (Investor) and Tier 1 (Entrepreneur), along with Tier 2 (General) visa holders would normally qualify to apply, whilst student and visitor visa holders would not.
In addition, Tier 1 (Investor) and Tier 1 (Entrepreneur) visa holders are normally eligible for ‘accelerated settlement’.
What are the requirements?
The most common requirements for ILR applications in work-related categories which lead to settlement are:
- The calculation of your absences from, and the continuity of your residence in, the UK; and
- The completion of the Knowledge of Language and Life in the UK (KoLL) test.
Continuity of residence refers to the amount of time you have spent in the UK within your respective visa category prior to the submission of your ILR application. The means that you must complete a continuous period of five years in the UK within a visa category which leads to settlement (outlined above), before you can submit your application for ILR.
The calculation of ‘absences’ is a key element of the application process. Given its importance, the Home Office has issued a 33 page guide to calculating a person’s continuous period of leave in UK. Please click here to find out more.
In general, however, in order to apply for ILR you are not allowed to be absent from the UK for more than a total of 180 whole days during any of the five consecutive 12 month periods which directly precede the submission date of the application.
For those Tier 2 (skilled workers) seeking to apply for residency, it is also worth noting that a £35,000 minimum earnings threshold will apply from April 2016. Concessions to this ruling are only planned for workers in specified PhD level roles and those workers in shortage occupations. Therefore, Tier 2 (General) migrants who are paid less than £35,000 per annum and who can apply for settlement before the rules change should look to do so.
‘No Time Limit’
Although there is no time limit on ILR in the UK, it is important to understand that this immigration status can be lost. The most common reason we see for an overseas national losing their ILR is when the holder spends more than two years outside the UK. Permanent residency status may also be revoked if the holder commits an offence that could lead to deportation or for reasons of national security.
Processing Times
Postal applications for ILR can take up to six months to be processed and completed, during which time you will need to surrender your passport. However, personal appointments (bookable in advance) are available for a same-day decision.
For further information and support on applying for indefinite leave to remain in the UK, please contact Smith Stone Walters today.
