ILR - Indefinite Leave to Remain
Introduction
‘Indefinite Leave to Remain’ (ILR) commonly referred to as ‘permanent residence’ or ‘settlement’ status can only be obtained once an individual or in some cases there dependent has spent a qualifying period under one of the categories of the UK immigration rules. These time periods for the most common categories are set out in the table below:
Immigration Category |
Period required to obtain ILR |
UK Ancestry |
5 |
Businessman |
5 |
HSMP |
5* |
Investor |
5 |
Long Residence Rule – 10 years lawful |
10 |
Long Residence Rule – 14 years unlawful |
14 |
Spouse |
2 |
Sole representative |
5 |
Tier 1 |
5 |
Tier 2 |
5 |
Unmarried partner |
2 |
Work permit |
5 |
Writers, Composer & Artist |
5 |
*INdividuals that held HSMP status prior to November 2006 may be eligible for ILR after 4 years in this capacity.
Life in the UK test
All applicants’ including dependents over the age of 18 have to pass a ‘Life in the UK’ test as part of the process.
Procedure
An application for ILR must be submitted to the UK Border Agency prior to an applicant’s permission expiring.
Applications can be submitted either through the postal system which will take a minimum of 13 weeks to process during which time the applicant’s passport must remain with the UKBA (unless required by another UK Government department or the individual’s diplomatic mission), or, through UKBA’s ‘Fast Track’ same day service for which a premium application fee is payable.
UKBA fees for ILR applications are £820 for postal submission or £1020 for Fast Track service.
RLegal have a number of fast track slots available to assist clients with the same day service.
Returning residents
Please note that ILR status can be lost if an individual remains out of the UK for more than 2 years on a single occasion or when it appears that an individual only spends short periods of time to retain their status and does not appear to have made the UK their principal home. This is known as the ‘returning residents’ rule.
Timing
You should lodge your application one month before the completion of the qualifying period.
For further information on how we can assist you, please contact us on +44 (0)20 7038 3980 or e-mail us at info@rlegal.com.
© RLegal
DISCLAIMER: The information on this brief guide is correct to the best of our knowledge and belief. However, it is written as a general guide only and it is strongly recommended that specific advice is sought before action is taken.
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