Indefinite Leave to Remain in the UK
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Indefinite Leave to Remain (ILR) in the United Kingdom is a type of immigration status that allows a person to stay in the UK without any time restrictions or visa requirements. It is also commonly referred to as settled status. ILR is a significant milestone for those living in the UK for an extended period and wishing to stay here permanently.
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However, obtaining ILR in the UK is a complex process and can be quite daunting, especially if you are unfamiliar with the requirements, documentation, and processing times. This page will examine how to obtain Indefinite Leave to Remain in the United Kingdom, including requirements, common pitfalls, fees, documentary requirements, and processing times.
Requirements for Indefinite Leave to Remain in the United Kingdom
To obtain ILR in the UK, you must meet the eligibility requirements, which vary depending on your current immigration status. In general, you must meet the following criteria:
- You must have lived in the UK for a specific period, usually five years, or less in some cases, such as for certain categories of workers or family members of British citizens.
- You must not have breached any immigration laws while in the UK or have any serious criminal convictions.
- You must pass the Life in the UK Test, which is a computer-based test that assesses your knowledge of British culture, history, and traditions. You can book the test online; the fee is currently £50.
- You must have sufficient knowledge of the English language, which you can demonstrate by passing an approved English language test, such as the International English Language Testing System (IELTS) or Pearson Test of English (PTE). The level required varies depending on the category under which you are applying.
- You must meet the financial requirements, which depend on the category under which you are applying.Â
- You must complete the relevant application form and pay the application fee.
Common Pitfalls to Avoid
When applying for ILR in the UK, there are several common pitfalls that you should avoid to ensure that your application is successful. Some of these include:
Failing to meet the residency requirements – If you have not lived in the UK for the required period, your application will be rejected. This means you must not be absent from the United Kingdom for over 180 days in any 12-month period. You must ensure that you have the necessary documentation, such as utility bills, bank statements, and employment records, to prove your residency in the UK.
Failing to disclose relevant information: If you have breached any immigration laws or have any criminal convictions, you must declare this in your application. Failure to disclose this information can lead to your application being rejected or even deportation.
Not providing sufficient evidence – You must provide adequate evidence to support your application, such as bank statements, payslips, and tax returns. You must provide enough evidence to ensure your application is accepted.
Not meeting the English language requirements – You must demonstrate that you have sufficient knowledge of the English language to qualify for ILR. You must complete this requirement to avoid your application being rejected.
Not meeting the financial requirements – If you are applying under the Points-Based System (PBS), you must show that you have enough funds to support yourself during your stay in the UK. Failure to meet this requirement can lead to your application being rejected.
Fees for Indefinite Leave to Remain in the United Kingdom
The fees for ILR in the UK vary depending on the category under which you are applying. As of April 2023, the current fees are:
- Settlement application (using form SET(O)): £2,389
- Settlement application for a child under
- Settlement application for a child under the age of 18 (using form SET(F)): £1,033
- Settlement application for a person aged 18 or over who was granted refugee status or humanitarian protection (using form SET(P)): £1,033
It is worth noting that these fees are subject to change, so it is essential to check the current fees before applying.
In addition to the application fee, other costs may be associated with your application, such as the cost of the English language test, the Life in the UK Test, and any legal or immigration advice you may require.
Documentary Requirements for Indefinite Leave to Remain in the United Kingdom
To apply for ILR in the UK, you must provide a range of documents to support your application. These documents will vary depending on the category under which you are applying, but may include the following:
- Passport or other travel documents
- Biometric residence permit (BRP)
- Proof of your residency in the UK, such as utility bills, bank statements, or employment records
- Evidence of your knowledge of the English language, such as a certificate from an approved test provider
- Proof that you have passed the Life in the UK Test
- Evidence of your financial circumstances, such as bank statements or payslips
- Police certificates from any country where you have lived for 12 months or more in the last ten years
- Any other documents that support your application, such as letters from employers or educational institutions.
It is essential to provide all the necessary documentation to support your application. Failure to provide adequate evidence can lead to your application being rejected.
Processing Times for Indefinite Leave to Remain in the United Kingdom
The processing times for ILR in the UK can vary depending on several factors, such as the category under which you are applying and the complexity of your case. However, as of April 2023, the standard processing times for settlement applications are as follows:
- Six months for applications made outside the UK
- Eight weeks for applications made inside the UK
It is worth noting that these processing times are subject to change, and some applications may take longer to process, particularly if additional checks or documentation are required.
In some cases, you may be able to pay for a priority service to expedite the processing of your application. This service is available for an additional fee, and the processing time is usually reduced to 5 working days.
What are my rights under UK Indefinite Leave to Remain?
Indefinite Leave to Remain is a type of permanent residency that allows holders to remain in the UK without restriction.
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You will be free to work and study in the UK and entitled to free NHS healthcare.
Can ILR Status be Revoked?
It is crucial to note that ILR status might be cancelled in specific circumstances.
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ILR status could be removed for various reasons including where you were discovered to have obtained ILR through fraud or where you remain outside the United Kingdom for more than two years.
What can I do if my Indefinite Leave to Remain application is denied?
A denied application can be devastating. To begin, it is critical to understand why your application was refused. The grounds for the refusal will be disclosed in the rejection letter.
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If there was a clear error on the application, the best alternative is to resubmit the application with the errors corrected. You may also be able to appeal the Home Office’s decision if your application was denied incorrectly.
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If you believe a genuine error was made on your application, such as an essential supporting document being overlooked, the best solution is to request an administrative review.
Conclusion
Obtaining Indefinite Leave to Remain in the United Kingdom is an important step for those who wish to stay in the UK permanently. However, the application process can be complex and daunting, particularly if you are unfamiliar with the requirements, common pitfalls, fees, documentary requirements, and processing times.
To ensure your application is successful, you must meet the eligibility requirements, provide all the necessary documentation, and avoid common pitfalls. It is also advisable to seek legal or immigration advice to ensure your application is completed correctly.
By following these guidelines and being aware of the requirements, you can increase your chances of obtaining Indefinite Leave to Remain in the United Kingdom and securing your future in this country.
Sterling Immigration will guide you expertly through the copious requirements of the Immigration Rules and Policy Guidance with respect to applying for Indefinite Leave to Remain in the United Kingdom.
For more information, please schedule a consultation.
UK Immigration Frequently Asked Questions
Our team of UK immigration lawyers will handle your case promptly and diligently until you achieve the desired outcome. Your dedicated UK immigration attorney will provide you with an estimated processing period for your case and keep you informed through each stage of the UK visa process. To expedite the processing of your application, we will ensure that your forms are meticulously completed and that you provide sufficient supporting documentation.
However, please note that the UKVI processing time depends on several factors including the volume of cases the UKVI is receiving and whether there are any priority programs where UKVI gives precedence to applicants from war torn countries or countries affected by natural disasters.
We can offer a fast-track service if your application is time sensitive. Please schedule a consultation to learn more about this package and all the services provided by our immigration lawyers.
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