To bring some order to the confusion, Breytenbachs answers your most Frequently Asked Questions on Indefinite Leave to Remain.
Permanent Residence, Indefinite Leave to Remain (ILR) and settled in the UK basically means the same.
Indefinite Leave to Remain is the official Home Office term. The term confirms that there is no time limit on a person’s stay in the UK. Upon receipt of this status, a person has the right to live and work in the UK without restriction. You will also be able to leave and enter the UK without restriction.
Yes, unfortunately, it is possible to lose one’s ILR status.
If you are outside of the UK for more than two years, you will be deemed as no longer present and settled in the UK, and your ILR status may be revoked.
The Home Office might also revoke your ILR status if you commit a serious offense, that gets you deported from the UK. Or, in cases where they see you as a threat to national security.
Indefinite Leave to Remain leads to British Citizenship, and a British passport.
It is thus basically one of the stepping stones to obtaining your UK citizenship.
In order to qualify for Indefinite Leave to Remain, you may not be absent from the UK for more than 180 days per any 12-month period, during your qualification period for ILR.
If you are absent for more than 180 days, you will be required to extend your stay in the UK, until you fulfill this criterion. It is especially important for Tier 2 General workers to take note of this rule, as there is a time limit of a 6-year stay on this category.
In most cases, a person who has spent five years in immigration categories leading to Indefinite Leave to Remain will qualify to apply.
Certain immigration categories allow an accelerated route to ILR under certain circumstances. This includes Tier 1 Entrepreneur, Tier 1 Investor, and Tier 1 Exceptional Talent.
It is also possible to qualify for ILR under certain circumstances under the long residence stay rule if you have been in the UK legally for 10 continuous years.
The English Language Test is part of the Knowledge of Language and Life in the UK test. All ILR applicants need to fulfill the criteria of this test.
There are more than one way to fulfill the requirements of the English Language test. Please speak to your BIC consultant for more information.
If you need to plan your route to Indefinite Leave to Remain or wish to apply , feel free to contact Breytenbachs Immigration. Alternatively, please fill out the form below.