Indefinite Leave to Remain / Permanent Residency
Special Promotion on fees for ILR Premium Service and Postal applications: Extended until 30th September 2010.
Due to extra same day slot availability combined with aggressive competition on pricing by some recent entrants to the market, UKWP are reducing our ILR fees until 30th September 2010. Our fees until this date will be as follows:
| Same Day Application (eligibility based on 5 years residence) | £485 +VAT |
| Postal Application (eligibility based on 5 years residence) | £299 +VAT |
| Postal Application (eligibility based on 10 years residence) | £400 +VAT |
| Dependents | £50 +VAT |
These fees will apply only in the case of files that are opened on or before 30th September 2010. This means that cases need to have been assessed, and terms and conditions need to have been signed and returned to UKWP before this date.
We are also able to offer (depending on the results of our free initial assessment and in straightforward cases) our 110% refund guarantee for our clients’ complete peace of mind.
If you would like a free assessment and advice regarding your potential ILR application (either the Premium Service or a postal application), please contact us online, or call us now on 0845 226 4030.
General information on Indefinite Leave to Remain
An individual with Indefinite Leave to Remain (ILR) status in the UK is a person with settled status and can be referred to as a ‘resident worker’. ILR gives the freedom to live and work in the UK without any restrictions and so it is a very attractive proposition for many people. There are different ways in which an individual might obtain the right to live and work in the UK indefinitely, some of which are:
- Five years of continuous residence in the UK as a work permit holder, a Highly Skilled Migrant, under Tier 1 or Tier 2 of the new Points Based System, or a combination of any or all of the above
- Two years’ residence in the UK as the Spouse of a British Citizen or a Settled Person
- Fourteen years’ illegal residence in the UK
- Ten years’ legal residence in the UK
In addition to the above periods of residence in the UK, the individual must also demonstrate knowledge of the English Language and life in the UK. This is achieved in one of two ways. For individuals with a high standard of English, the “Life in the UK” test can be completed. For those who do not speak a high standard of English, it will be necessary to take and pass a course in English and Citizenship.
Generally, an application for ILR can be submitted up to 28 days prior to the qualifying period being met.
A work permit holder can only apply for Indefinite Leave to Remain after they have spent at least 4 years and 11 months as a work permit holder. Any periods of unemployment or periods when the individual was working without a valid work permit (or leave to remain) will not count toward the qualifying period.
There are guidelines about what constitutes “continuous period of residence in the UK”. Obviously, the more time that an applicant spends abroad, the indication is that perhaps the individual is not continuously resident in the UK.
Dependents of the applicant can also apply for ILR in line with the main applicant. However, dependent children of the main applicant who have turned 18 and have married will not be able to categorise themselves as a dependent and therefore will not be eligible to apply for ILR (except in their own right, for example, following two years’ residence in the UK as the Spouse of a British Citizen or a Settled Person).
The Home Office expects that the individual will have adhered to the conditions of the visa for the relevant period. For example, a work permit is, by its very nature, employment-specific. The Home Office will therefore expect that the individual has remained employed throughout the entire period, by the approved employer. The same points will apply under Tier 2 of the new Points Based System.
The rules concerning Highly Skilled Migrants are similar to the above, save that the HSMP (and Tier 1 (General) visa gives the individual the freedom to be self-employed or employed. Therefore an applicant is expected to show economic activity in the UK.
There are other criteria that need to be met in order for an applicant to obtain ILR.
The point to bear in mind about all criteria is that there are strict guidelines about when the applicant would be eligible and whether they can show compliance with the relevant rules for the qualifying period.
If you are interested in making an ILR application, please contact one of our consultants on 0845 226 4030 for initial advice on the strength of your case and the requirements. Alternatively, you can direct email enquiries to info@uk-wp.com
