Indefinite Leave to Remain in the UK
Saying that you have ‘Indefinite Leave to Remain in the UK’ is a bit of a mouthful. It is also a phrase that does not mean a great deal to the person you are speaking to, unless they are an Immigration solicitor or Home Office official.
What does ‘Indefinite Leave to Remain in the UK’ mean and what Immigration status does it give you? Those are the questions that Immigration solicitors get asked, especially when Immigration clients hear that with Indefinite Leave to Remain you cannot leave the UK for a period in excess of two years. To the average person that means the leave is not really indefinite.
Indefinite Leave to Remain solicitors
For help with applying for Indefinite Leave to Remain call the Legal 500 and Chambers Guide to the Legal Profession recommended Immigration law team at London based OTS Solicitors on 0203 959 9123 to speak to one of our experienced London immigration solicitors or complete our online enquiry form.
What is Indefinite Leave to Remain?
You would think that it would be easy to answer the question ‘what is Indefinite Leave to Remain?’. However, for Immigration solicitors the Immigration status of a person who has Indefinite Leave to Remain is a bit of a contradiction as the status does not guarantee a holder of Indefinite Leave to Remain the right to remain in the UK, unless they follow the Immigration Rule. Those Immigration Rules are easy to fall foul of if you are not an Immigration law specialist and you don’t take legal advice.
Indefinite Leave to Remain is an Immigration status that enables you to live and work in the UK for an unlimited time, without an ongoing requirement to apply for a visa, switch visa or seek a visa extension. Freedom from visa restrictions can be very liberating but Indefinite Leave to Remain status comes with its own rules and restrictions.
Those restrictions do not mean that you should not apply for Indefinite Leave to Remain, just that you should be aware of the rules surrounding Indefinite Leave to Remain so you do not accidently breach the Immigration Rules and create problems for yourself and your family.
Losing Indefinite Leave to Remain
Although Indefinite Leave to Remain is described as ‘indefinite’ you can lose it if:
• You leave the UK for a period of two years or more. To re-enter after a period of absence away from the UK of over two years you may need to apply for entry clearance or a returning resident visa; or
• You are deported from the UK , for example, because you commit a serious criminal offence; or
• You were granted Indefinite Leave to Remain as a refugee but you lose your refugee status; or
• For reasons of UK national security; or
• The Home Office is satisfied that your Indefinite Leave to Remain status was obtained through deception or false documentation.
Immigration solicitors are asked about the alternatives to Indefinite Leave to Remain because some Immigration clients do not consider that Indefinite Leave to Remain provides them with all the Immigration security and status they need.
The alternatives to Indefinite Leave to Remain
The alternatives to living and working in the UK on Indefinite Leave to Remain are:
• naturalisation as a British citizen – if you make a successful naturalisation application you will acquire British nationality. You will either relinquish your nationality of origin or acquire dual nationality; or
• If you are an EEA national you can apply for Settled Status under the EU Settlement Scheme. This scheme allows those with Settled Status to leave the UK for up to five years; or
• If you qualify in your own right or as an extended family member you can apply for a permanent residence card; or
• You can remain in the UK on a suitable visa but the visa will be time limited. There will also be visa restrictions on the work you can undertake in the UK and your access to public resources.
Indefinite Leave to Remain may be the best Immigration status option for you as it means you are able to live and work in the UK free from Immigration control whilst not losing your nationality or sense of identity or heritage. It is however important that you take legal advice on the limitations of Indefinite Leave to Remain so that you are aware of the potential consequences and pitfalls of leaving the UK for more than two years.
Indefinite Leave to Remain and working in the UK
Job applicants are often surprised when an employer asks to see right to work documents as part of the job application process and compliance with illegal working legislation. Those with Indefinite Leave to Remain can feel that they should not be subjected to right to work and illegal working checks. However, UK immigration law requires employers to check the right to work of all potential employees, including those with British nationality and those granted Indefinite Leave to Remain.
The positive is that if you have Indefinite Leave to Remain and your right to work in the UK is therefore unrestricted, you should not need to continue to have to produce evidence of your right to work unless you change employer. If you have Indefinite Leave to Remain in the UK then you do not need a sponsor to work in the UK and can therefore change your job with more ease than if you are in the UK working on a sponsored visa. You can also set up your own business or go into partnership with another person.
Indefinite Leave to Remain therefore gives more freedom and opportunities than living and working in the UK subject to visa restrictions and Immigration controls. Whether an application for Indefinite Leave to Remain is the best option for you and your family will very much depend on your priorities and the alternative Immigration status options available to you. What the best Immigration solicitors would urge you to do is consider the Immigration status alternatives so you can make informed choices about how you continue to live and work in the UK.
Indefinite Leave to Remain: how can OTS Solicitors help?
OTS Solicitors specialise in Immigration law and are experts in applications for Indefinite Leave to Remain. If you want to apply for Indefinite Leave to Remain or have had an Indefinite Leave to Remain application refused or if you are concerned about the complexities of your Indefinite Leave to Remain application then contact the Indefinite Leave to Remain experts on 0203 959 9123 or complete our online enquiry form.
OTS Solicitors are Legal 500 and Chambers Guide to the Legal Profession recommended Immigration law specialists. OTS Solicitors have Law Society accredited solicitors status as trusted specialists in Immigration law.