A breakdown of Indefinitie Leave to Remain (ILR)
Hey there, fellow seekers of a home away from home! If you've been dreaming of putting down roots in the United Kingdom, you might have stumbled upon something called the “Indefinite Leave to Remain” (ILR).
Before you get too excited about planning your move to the UK with the ILR, let us break down the legal nitty-gritty behind ILR in a way that won't make your head spin.’
The Different Routes: 5 Years Route, 10 Years Route, and More…
First things first - it is important to understand that there are different routes to the ILR. Some individuals may qualify after a two or three year residence, while others may have to opt for the 5 years route to meet the relevant requirement. Alternatively, there's a 10 years route designed for individuals with a continuous lawful UK residence over a decade. Moreover, the 20 year (or more precisely, 30 year) route considers both lawful and, unexpectedly, unlawful periods of residence.
These avenues offer flexibility, ensuring a straightforward process for those seeking indefinite stay in the UK. More information on each of these routes available on the official UK Government website.
Getting the Requirement Right
Whether you are taking the 5 years route or the 10 years route, it is important to ensure that each requirement for your ILR application is met properly. Meeting the criteria for ILR depends on various factors unique to each applicant, primarily influenced by their visa type. While the fundamental requirement for ILR is a lawful residence in the UK for a specified duration, there are additional criteria to consider.
To be eligible for ILR, you must have:
1. Resided in the UK lawfully for a specific period (depending on the route you are taking).
2. Maintained a clean record by adhering to immigration laws and avoiding any criminal activities during your stay.
3. Limited the time spent outside the UK to no more than 180 days in any 12-month period within the qualifying time frame.
4. Successfully passed the Life in the UK test, which assesses knowledge of British culture, history, and traditions.
5. Demonstrated proficiency in English at the B1 level, as outlined by the Common European Framework of Languages.
Each requirement collectively contributes to the eligibility criteria, ensuring that applicants not only fulfill the basic conditions but also integrate into the cultural and linguistic fabric of the UK.
How to Apply
Once you have decided whether you are opting for the 5 years route or the 10 years route (or any other option that is suitable), you can finally begin your ILR application process! Here's a guide to navigate through the process seamlessly:
Online Application Form:
Start by completing and submitting the user-friendly online Indefinite Leave to Remain application form. It's your initial step toward establishing your permanent residence in the UK.
Associated Costs:
Fulfill the associated costs by paying the ILR Application Fee (£2,885 for each person applying) and the biometric residence permit (BRP) fee (£154). These fees are essential to facilitate the processing of your application.
Biometric Appointment:
The next step will involve booking an appointment at your nearest UK Visa and Citizenship Application Services (UKVCAS) service point. During this appointment, you'll provide your biometric information, including fingerprints and a photo, which is to be a crucial aspect of the application process.
Document Submission:
Gather the required documentary evidence as specified by UK Visas and Immigration (UKVI). You have the flexibility to upload your Indefinite Leave to Remain documents online or present them during your scheduled UKVCAS appointment. These documents include the following:
Passports or travel documents used during your UK stay.
Birth or adoption certificates for dependants in your application.
Police registration certificate (if applicable).
Proof of income (wage slips, bank statements).
Life in the UK test certificate and English language qualification (if required).
Evidence of absences from the UK.
Two identical passport-sized photos for each applicant, labeled with full names on the back.
The key is to ensure that you provide the necessary documentation to support your application.
Potential Interview:
Be prepared for the possibility of an interview if UKVI seeks additional information. This step may be a part of the process to ensure all aspects of your application are thoroughly assessed.
ILR: What You Can and Cannot Do
Upon receiving indefinite leave to remain, your stay in the UK becomes unrestricted, transforming it into your permanent home. This grants you the freedom to live, work, and study in the UK indefinitely, with the ability to engage in any employment, including self-employment, and pursue any educational endeavors. Additionally, you gain various rights, such as free access to NHS healthcare services, potential automatic British citizenship for children born in the UK after obtaining settled status, and simplified options for family members who wish to join you in the UK.
Furthermore, the grant of indefinite leave opens avenues to apply for British citizenship, typically requiring a residence of at least 12 months in the UK post-ILR and meeting specified criteria. This marks a significant step toward establishing a lasting and enriched connection with the UK.
Although there are not many restrictions that come with the ILR status, you have to be careful with your travel activity if you are on ILR. Leaving the UK for a continuous period exceeding two years will result in the automatic expiration of your ILR. In such a case, you must apply for entry clearance as a returning resident before returning to live in the UK. It is crucial to carry your biometric residence permit with you whenever you travel outside the UK to avoid potential refusal of re-entry.
Wrapping it Up
Indefinite Leave to Remain isn't just a visa stamp; it's your ticket to making the UK your permanent home! Whether you opt for the 5 years route or the 10 years route, the wait is worth it to enjoy the perks of a UK citizenship. And now that you have all the legal details on each requirement for ILR in your back pocket, you're all set for a lifetime of rain-soaked adventures and perhaps a bit of sunshine too!
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