indefinite leave to remain
If you want to have a permanent residency in the UK, you might be eligible for settlement here, otherwise known as Indefinite Leave to Remain, or ILR. If you settle in the UK with an ILR, it means you can live here without any time restrictions.
What is an indefinite leave to remain?
Indefinite leave to remain enables an individual to live in the UK with no restrictions and is the first step to full citizenship.
Generally, you need to have spent at least 5 years in the UK before you can apply for an ILR, although it may be 3 years depending on your circumstances.
Most forms of immigration visa can lead to ILR, such as family or spouse visa’s and most Tier 1 and Tier 2 visas.
Like applying for a family or Tier visa, the ILR process includes interviews, tests, lots of application forms and sufficient evidence for your personal application.
You should know…
Did you know that the Life in the UK test:
- Is a British culture test all about politics, history and British popular culture
- Lasts for 45 minutes
- Is compromised of 45 questions
- Costs £50 each time you take it
- If you fail the test, you can take it again 7 days later
- You must achieve 75% or more to pass the test
Requirements and Exemptions for indefinite leave to remain
General requirements include
Legally living in the UK for a certain amount of time depending on the person’s visa
No breach of immigration laws and no criminal record
Passing a British culture test
Proof that you can meet the B1 level of English
you do not need to apply for an ILR to be granted settled uk status if
- You are eligible for British citizenship by descent
- You are a refugee resettling in the UK through the Gateway Protection Programme
- You are an adult who is reliant on long-term care of a family member who is a British citizen
- A child dependent of British citizen or person with settled status.
How much does it cost and how long does it take to complete?
An ILR typically costs £2,389 on its own. However, you may have to account for extra fees such as the English language test, the Life in the UK Test and any document translations.
Also, the ILR typically takes 6 months processing time.
why might i struggle with my ILR application?
- You’re unsure whether you meet the requirements for citizenship
-It’s not often clear to see if you qualify to become a citizen or not.
- You want to challenge the decision (or rejection) of your application
– A consultation with a lawyer will be able to highlight what issues there may have been in your application. However, if your application has been rejected for an unfair or odd reason, a legal representative will be able to challenge this and help you complete your application.
- English is not your first language, and you need a lawyer to complete your forms for you
-The application to become a citizen is complex enough without the difficulty of it being in a different language.
- You have a criminal record or a poor immigration history
-If you have previously had a visa application that was rejected, or if you have a history of criminal behaviour, you may need an immigration lawyer to represent you and help you complete the process.
5. Your case is particularly complex
-If your visa route has a high refusal rate, such as a spouse visa or an entrepreneurial visa, you may need a lawyer to help you with your complex case and to represent you.
how can a lawyer support your claim for an ilr?
To apply for an ILR, you have to gather a variety of evidence that needs to be dated from at least 5 years prior to your application. A lawyer will be able to help you to gather all of your evidence and finances to ensure that your application process goes smoothly.
Whilst you may not necessarily need a lawyer for your ILR application, you may encounter difficulties down the road after your application has been submitted.
Like most applications for UK visas, the refusal rate can be quite high, and applicants can often be left confused as to why their application has been denied. Not only will a lawyer be able to point out exactly why your ILR has been refused, but they can also help you to fix the issues for your next application.
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