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Indefinite Leave to Remain
START YOUR VISA APPLICATION NOWOur immigration specialists hold unrivalled success rates and will ensure your Indefinite Leave to Remain application is uncomplicated, fast and stressfree.
Worried about running up high legal fees? Our fixed fee structure is very competitive and ensures that not only will you avoid running up any unnecessary expenses, but you will also have a clear idea of total costs from the outset. Call us now on +44 (0)207 001 2121 to find out more.
- Q. What is Indefinite Leave to Remain (ILR)?
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Indefinite Leave to Remain, also referred to as permanent residency or settlement, allows a foreign national to live and work in the UK without time constraints or restrictions on the type of work they may undertake. You can transfer between jobs, work full time whilst studying or set up your own business.
ILR should not be confused with British Citizenship although it is a possible route to this.
- Q. What are the advantages of ILR?
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You will no longer have the expense and inconvenience of visa extension applications which require you to meet strict criteria each time you apply. Also, if granted ILR you may be eligible for various public benefits.
If you'd like to know more about the advantages of ILR, give us a call on +44 (0)207 001 2121.
- Q. Am I eligible for ILR?
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You eligibility depends on a range of factors which include;
- whether you can prove continued residence in the UK in a qualifying immigration category;
- whether you have been paid at the correct salary threshold during your time in the UK; and
- whether you have any unspent criminal convictions.
However, the rules for settlement in the UK are frequently changed and therefore it is important to ensure you follow the correct set of policy guidance when making your application.
- Q. How do I qualify for ILR?
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In order to qualify for Indefinite Leave to Remain;
- Generally, you must complete 5 years of continuous residence in the UK and adhere to certain income requirements.
- Keep a detailed record of any absences from the UK over the last 5 years, as any lengthy absences may impact upon your application.
- You must demonstrate a good knowledge of language and life in the UK, by way of the ‘Life in the UK’ test.
- Q. What if I have had absences from the UK in the last 5 years?
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If you are applying for ILR in a working immigration category and you have had absences from the UK in the last five years, you should check that these will not affect your application.
- If you have been on short trips abroad for business or for holiday purposes, these absences are usually permitted.
- If you have had longer absences of up to 90 days in a single trip or up to 180 days in total, this could affect your chances of getting ILR. We would need to conduct a thorough review of your absences and assess whether the UK Border Agency might exercise their discretion to disregard them.
Please give us a call on +44 (0)207 001 2121 for details of permitted absences in non-working categories, or if you have absences which you think may be excessive when considering your application.
- Q. Will I qualify for ILR if I am away on assignment?
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Short absences abroad, e.g. for holidays or business trips, may be disregarded provided you have clearly continued to be based in the UK.
The UK Border Agency also has the discretion to waive the requirement for continuous residence and aggregate the time you have spent in the UK, where you have not had any absences abroad (apart from those outlined above) and your authorised employment or business here has not been broken by any single interruptions of more than 90 days, or amounting to more than 180 days in total for the whole 5 year period.
- Q. Can my family apply for ILR at the same time as me?
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Some family members will be able to apply at the same time as you, such as your husband, wife or civil partner if they have been living with you in the UK for the last 2 years.
Children under 18 and widowed mothers or fathers aged 65 or over can also be included on your application.
- Q. Do I need to take the Life in the UK Test?
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Yes, if you are applying for ILR in any working category and you are the main applicant, then you must take the test.
The rules differ for dependant family members applying for ILR alongside the main applicant. Contact us for further details of the options available if you are in this situation.
- Q. Am I permitted to work in the UK once my ILR is granted?
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Yes, once ILR has been granted you can work or study in the UK without any restrictions.
- Q. Now my Indefinite Leave to Remain is granted, can I apply for British Citizenship?
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After 1 year of being granted Indefinite Leave to Remain, you may be eligible to apply for British Citizenship. Similar to the process for applying for ILR, there are certain criteria to adhere to with regard to absences and criminal records.
You would have to provide details of 2 referees and tax references, and demonstrate a sound knowledge of language and life in the UK. The requirements can also vary if the applicant is married to a British Citizen.
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