Indefinite Leave to Remain

An individual with ‘Indefinite Leave to Remain (ILR)’ status in the UK is a person with settled status or 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 most 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 or a Highly Skilled Migrant
• 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

 

Generally, an application for ILR is submitted soon after the applicant completes the qualifying period or 4 – 6 weeks 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. It is a point to note that 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.

Dependants of the applicant can also apply for ILR in line with the main applicant. However, dependant children of the main applicant who have turned 18 and have married will not be able to categorise themselves as a dependant 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). A work permit is, by its very nature, employment specific. This means that the Home Office expects the individual to have adhered to the conditions of the visa for the relevant period.

The rules concerning Highly Skilled Migrants are pretty much similar to the above, save that the HSMP visa gives the individual the freedom to be self-employed or employed and therefore an applicant is expected to show economic activity in the UK.

There are other criteria under which an applicant can claim 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