As reported by the Migration Observatory (University of Oxford), the UK’s grant of ILR / settlements since 1960 have increased but decreased by nearly a third in 2011. We have noticed a recent increase in the number of applications for ILR being made in particular by those who have come to the UK as high net worth (Tier 1 or Tier 2) migrants and have now developed a life and family roots in the UK.
Indefinite Leave to Remain / Settlement in the UK
Indefinite Leave to Remain (ILR), also commonly known as ‘ permanent residency’ or ‘settlement’, allows a foreign national to live and work in the UK without time constraints or restrictions on the type of work that may be undertaken.
ILR is an immigration status which once granted operates without any time limit on the duration of stay in the UK and allows an unrestricted freedom to take up employment or study.
A grant of settlement from the British Government confers legal permission to live permanently in the UK without being subject to immigration control, although it does not confer full citizenship status.
Requirements for Indefinite Leave to Remain
In order to be considered for ILR, you must meet the following requirements:
- You must have 10 years continuous lawful residence;
- There are no reasons why it would be against the public interest to grant leave (UKBA will take into consideration factors such as age, strength of connections to the UK, personal history, domestic circumstances and compassionate circumstances);
- You must have passed the Life in the UK test; and
- You must not fall for refusal under the general grounds for refusal and must not be in breach of the immigration laws.
UKBA’s discretion to grant ILR
The UKBA also acknowledge that there are some circumstances where it may be appropriate for them to use their discretion to grant ILR outside the Immigration Rules. This can be either (a) where a person qualifies under an immigration policy concession or (b) for reasons that are particularly compelling and it is almost certain that there will be no material change in circumstances within 5 years.
A current example is if you have a short gap in lawful residence through making previous applications out of time by no more than 28 calendar days and you meet all the other requirements for lawful residence.
Same Day Visa Service for ILR Applicants
As professional UK immigration solicitors, we are registered with the UKBA to offer a ‘same day service’ to our clients. This service enables applicants to submit in-country ILR (amongst other applications) visa applications to the UKBA and our experience is that most often receive the decision in one day.
Successful UK Indefinite Leave to Remain (ILR) Visa Applications
Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making an ILR application (regardless of what category you are applying from) step by step and limit the possibility of failure by complying with the strict letter of law.
Contact us so that we can review your case and provide you with an assessment.