Indefinite leave to remain
Your overview of Indefinite Leave to Remain (ILR) and long residence rules in the UK is thorough. Here’s a summary and some additional information to consider:
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Indefinite Leave to Remain (ILR)
1. General Overview:
- Purpose: ILR allows you to live and work in the UK without any time restrictions and is a pathway to British citizenship.
- Eligibility: Typically, you need to have been continuously and lawfully resident in the UK for a certain period, meet English language requirements, pass the Life in the UK Test, and show no criminal convictions or breaches of immigration status.
2. Conditions for ILR:
- Lawful Residence: Must have continuous lawful residence in the UK. For most visa types, this is five years. Specific routes include:
- Family Life: Five years.
- UK Ancestry, Tier 1, and Tier 2: Five years (for applications before the route closed).
- Discretionary Leave: Six years.
- Refugee Status: Five years.
- Long Residence: Ten years.
- Absences: Must not be absent from the UK for more than 180 days in any 12-month period. Certain absences may be allowed if they are due to exceptional circumstances.
- Criminal Convictions: No serious criminal convictions or breaches of immigration law.
3. Expiry and Revocation:
- Expiry: ILR can be lost if you are absent from the UK for more than two years. If this happens, you may need to apply as a returning resident.
- Revocation: ILR can be revoked if obtained through deception or if you are liable for deportation.
4. Applying for British Citizenship
- Immediate Application: If married to a British citizen, you can apply for citizenship as soon as you obtain ILR, provided you meet the other requirements.
- Deemed Settled: EU nationals who were deemed settled for over a year can apply for citizenship immediately after obtaining ILR.
- Naturalisation Requirements: Includes having ILR, living in the UK for at least five years, passing the Life in the UK Test, and meeting English language requirements.
5. Divorce Impact
- Visa Based on Relationship: You must inform the Home Office if you divorce. However, if your ILR was granted based on the intention of remaining in the UK with your spouse, a subsequent divorce should not affect your ILR status.
Long Residence Rules
1. 10-Year Rule:
- Eligibility: Continuous and lawful residence in the UK for 10 years.
- Continuous Residence: Must not be absent from the UK for more than six months at one time or 450 days in total during the 10 years.
- Lawful Residence: Must have had valid leave to remain or been on immigration bail.
2. 20-Year Rule:
- Eligibility: Continuous residence in the UK for 20 years, regardless of lawful status.
- Suitability Grounds: Must meet suitability criteria, such as not having a criminal record or showing behavior deemed unsuitable.
- Leave Grant: Typically, 30 months of leave with a no recourse to public funds condition.
3. Changes and New Guidelines:
- Private Life Route: Allows children and young adults to qualify for leave to remain and settlement after a shorter period under certain conditions.
4. Replacing ILR Stamp with BRP:
- Application: Apply online to replace ILR stamps with a Biometric Residence Permit (BRP). The current fee is £229, with an optional super priority service for £800.
- Travel: You can travel with an ILR stamp in an expired passport but need a valid passport as well.
5. Renewing ILR:
- BRP Validity: ILR does not expire, but the BRP is issued for 10 years and must be renewed when it expires.
If you have specific questions or need further assistance, consulting with an immigration specialist or legal advisor can help ensure that you meet all requirements and address any issues related to your status or application.
