SCOPE OF INDEFINITE LEAVE TO REMAIN IN THE UK

Being granted with ILR status in the UK makes a person absolutely free from any immigration control and restrictions in the country. As the name suggests, there is no time limit for the leave in the UK. In addition, one becomes eligible to make an application for Naturalisation.

Normally, the qualifying period in the majority of visa categories is 5 years. If for some reason you do not qualify (finances, absences from the UK), there is an option to rely on 10-year long route for ILR.

You and your dependent(s) applying with you can make an application within 28 days before completing the qualifying period. If you apply earlier than this the application may be refused. The qualifying period will begin either from the date you entered the UK with a visa in the relevant category or the date you were first granted permission to remain in the UK in the relevant category.

What are the fee’s for ILR application? How much the application for ILR cost?

The cost of immigration applications is amended on a regular basis. At present, the application fee for indefinite leave to remain when applying from inside the UK is £2,389. The fee is higher for applications with dependents and increases with the more dependents included in the application.

What happens if my application for ILR is refused?

You may be able to send a new application. You will not be refunded for this application. Therefore, due care should be taken to ensure the application form is completed correctly and that you meet the eligibility and suitability criteria.

Before making another application, you should identify the reasons that your application was refused and understand if these are matters that can be corrected in your future applications.

For example, you may meet the criteria for ILR, but did not provided adequate documentary evidence, in which case you should ensure that for the next application the correct documents are provided. Another example is that you may have completed an incorrect section of the application form. In this case you should ensure that only the appropriate sections which apply to you should be completed and should be completed correctly.

Can I travel outside of the UK with ILR?

Once you are granted ILR, you are issued with a Biometric Residence Permit (BRP), which is a card that confirms your status in the UK. You should travel with this BRP and your national passport together.

How long is Indefinite Leave to Remain valid for?

A migrant who is granted indefinite leave to remain status in the UK will hold this status indefinitely, without a specified time limit.

The card itself has an expiry date of 10 years (5 years for newly issued cards) and this can leave many people confused about limitation of their ILR status. The date on the BRP card is only regarding the expiration of the card itself and not regarding your ILR status. This means the card will need to be renewed.

How long after ILR can I apply for naturalisation/ British Citizenship?

If you are applying as a spouse or a British citizen, you can apply for naturalisation immediately after receiving ILR status. Otherwise, you will be eligible to apply for naturalisation after 12 months of holding ILR status.

How many days can I spend outside the UK with ILR status?

As a holder of ILR, you should not spend more than 2 years outside of the UK otherwise you will lose your ILR status.

If you would like to apply for British citizenship after being granted ILR, then you should not be absent from the UK for more than 450 or 270 days (spouse of a British citizen) in the qualifying period and for more than 90 days in the immediate 12 months before the naturalisation application.

Can ILR status be revoked?

There are some circumstances where your ILR status can be revoked. The reasons for revoking ILR status includes:

For reasons of national security- for example you have committed a serious criminal offence that leads to your deportation.

If you leave the UK for a period of 2 years or more. In this situation, you may be allowed to reapply.

The Home Office may revoke your ILR if there is a reason to believe that you do not intend to reside in the UK.

Published 22 April 2020

For a detailed assessment of making an ILR application, contact our office and meet with an expert immigration lawyer.

For further information, please contact us:

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