Attaining ILR or Indefinite Leave to Remain is an important milestone in the immigration process of people aspiring to stay in the UK. In fact, it’s the final stage that marks the end of a series of documentation and processes. The application for Indefinite Leave (ILR) can be initiated on the basis of employment, marriage, or long residence. The point to note is that this indefinite permission can only be granted if all criteria related to UK Immigration are duly met and fulfilled. Read on to know more about this ultimate stage in the entire immigration process.
What is ILR or Indefinite Leave to Remain?
Indefinite Leave to Remain (ILR) gives an immigrant the indefinite right to reside in the UK. It carries no time restrictions pertaining to visa conditions. Also referred to as Permanent Residence, it is the result of a long-drawn process that requires intense paperwork, screening, and supporting identifications and other documentation (https://www.wmimmigration.com/indefinite-leave-to-remain). The primary application form for the application is known as SETO or STEM. Once the leave to remain has been granted indefinitely, the applicant is allowed to remain in the UK sans any curbs on employment; he or she is also eligible to receive the various benefits that all other bona fide UK citizens are entitled to. Once the ILR is obtained, the Settlement permit can be procured on the same day via authorized centers that facilitate the entire immigration process.
Indefinite Leave to Remain – The Visa Routes
It is possible to obtain ILR via the following visa routes:
- If you have been employed in the UK through a mix of Tier 1 General and Tier 2 General categories of work
- Completed full 5 years of stay on an unmarried partner or spouse visa
- Have stayed in the country on the basis of having a Tier 1 Entrepreneur visa across 5 years
- Completed five years in the UK with the help of an Ancestry Visa
- By completing a period of ten years of legal stay in the UK on the basis of any kind of visa, inclusive of student visa.
It’s essential to note that Tier 1 Investor visas do result in the settlement; however, the qualifying time is on the basis of the investment amount.
How Can You Be Excluded from Applying for ILR?
You can be excluded from making the application for ILR if:
- You have remained out of the UK for an excessively long period of time in the five years period of stay.
- If there has been any failure on your part to keep HMRC updated or pay your taxes – this is specifically true with respect to Tier 1 General migrants.
- If there’s any criminal conviction to your name. The severity of restriction would differ but a delay of a minimum period of 2 years can be expected to qualify again.
- In case you’ve applied too early for the ILR.
- If the specific requirements related to your settlement route have not been duly met.
- Any failure in the submission of all necessary documents.
- An instance of negative immigration history, and so forth.
Partner/ Spouse Visa Holders Prior to 9th July 2012
It is possible to gain qualification as an unmarried partner, the civil partner of the same sex, or spouse of a British citizen, or anyone else who’s already settled in the UK, after completing a two-year probationary period. In case you’ve entered the UK or applied for your visa prior to the 9th of July 2012 then a two years probationary period has to be fulfilled to qualify for ILR. This is provided all the necessary requirements have been duly fulfilled.
Partner/ Spouse Visa Holders Post 9th July 2012
The probationary period to qualify for ILR is five years in case your visa has been applied for on or post 9th of July 2012. You can gain permission to stay as a spouse for a period of 2.5 years. Once this period is over, it’s essential to qualify once more in order to obtain the ultimate 2.5 years of Leave to Remain. These periods of leave add up to the necessary five years and lead you to the qualifying period of the ILR.
Hire UK Immigration and Visa Services
Whether it’s about obtaining your UK work visa, UK immigration, Indefinite Leave to Remain, British citizenship, EEA applications, employer services, or just about anything else connected to your UK immigration process, it’s important to research well and get in touch with professionals to get the process underway.
