Indefinite Leave to Remain Status
As Immigration Lawyers we are always talking about Indefinite Leave to Remain status. In this blog, our Immigration Solicitors explain what Indefinite Leave to Remain status gives you and how our Indefinite Leave to Remain Lawyers can help you apply for settlement.
UK Online and London-Based Immigration Solicitors
For immigration law advice call London-based OTS Solicitors on 0203 959 9123 or contact us online.
Our lawyers speak Arabic, Armenian, Farsi, French/Mauritian Creole, Spanish, Tamil Tagalog/Ilonggo, Urdu/Punjabi.
Interchangeable words
In blogs and websites, you will read about ‘UK settlement.’ You may question how settlement differs from Indefinite Leave to Remain, Indefinite Leave to Enter, settled status or British citizenship.
Settlement means you are in the UK to stay. The word ‘settled’ could mean you have:
- Indefinite Leave to Remain
- Indefinite Leave to Enter
- British citizenship
- Settled status under the EU Settlement Scheme
Each of the above statuses is different but they all permit you to stay in the UK long term without having to worry about visa renewal and visa application fees.
UK settlement status is to be contrasted with either limited leave to enter or limited leave to remain.
Limited leave to enter means you are in the UK and subject to immigration control. There will be a date fixed for your departure from the UK. However, you may be able to apply to extend your visa or switch visas or eventually meet the eligibility criteria for an Indefinite Leave to Remain application.
You will have limited leave to remain whether you are in the UK on a Work Visa (for example, a Skilled Worker Visa, Graduate Visa or Health and Care Worker Visa) or a Family Visa ( such as a Spouse Visa, Unmarried Partner Visa or Civil Partner Visa) or a Business Visa (for example, an Innovator Founder Visa). Not all visas lead to settlement. For example, the Graduate Visa or Student Visa do not lead to settlement and time spent on these visas does not count towards the residence requirement for your ILR application.
Indefinite Leave to Enter or Indefinite Leave to Remain
Indefinite Leave to Enter and Indefinite Leave to Remain give the same immigration status. The status is different from either being subject to UK immigration control on a time-limited visa or acquiring British citizenship.
Indefinite Leave to Remain status is the settlement application you make if you are in the UK and want to settle here. Indefinite Leave to Enter is what you apply for if you want to settle in the UK but you are applying from overseas. For example, you can apply for Indefinite Leave to Enter if you are overseas and the victim of transnational marriage abandonment.
Indefinite Leave to Remain or British citizenship
Some think that British citizenship and Indefinite Leave to Remain are the same but with ILR you do not get a British passport as you do not change your nationality through securing Indefinite Leave to Remain status. Some people are content with ILR status and see no need to apply for British citizenship. Others think that they can skip applying for ILR and go straight to a British citizenship application. The rules don’t work that way as you need to normally have had ILR status for at least 12 months before you can apply to become a British citizen.
Our Indefinite Leave to Remain Lawyers can help you apply for ILR status. When applying for ILR we can discuss the advantages of British citizenship in your circumstances and explain the rules you will need to abide by to ensure you are eligible to apply for British citizenship.
Settlement and your family
If you apply for ILR and you entered the country with family members on Dependant Visas, they should qualify for Indefinite Leave to Remain simultaneously. There may be reasons why they may not do so. For example, if they have spent extensive time outside the UK and don’t meet the five-year residence requirement because their absences don’t fall within the definition of permitted absences.
If you are concerned that a family member is not eligible to apply for ILR status then our UK Settlement Solicitors can check how the immigration rules apply to your family member’s circumstances and advise on how best to proceed if they are unable to apply for ILR at the same time as you.
Once you are settled in the UK you can apply to sponsor family members who live overseas to come to the UK to live. For example, you can sponsor your spouse on a Spouse Visa if you meet the minimum income requirement.
The Spouse Visa financial requirement is currently set at £29,000 gross per year but there are exceptions if you (the sponsor) are claiming some state benefits. Even if your income is under £29,000 a year, your husband or wife may meet the Spouse Visa eligibility criteria if you or they have savings or if the immigration rules allow you to combine your various sources of income. Our specialist Spouse Visa Solicitors can advise on the complex minimum income requirement rules and help your husband, wife, civil partner or unmarried partner apply for their Family Visa. Once your partner has been sponsored in the UK for five years on a Family Visa, they can apply for settlement so you both have ILR status. If you want other family members to join you there are options, such as the Dependant Visa for your children or the Adult Dependent Relative Visa for older or vulnerable family members.
Proving settlement
It is essential that you can prove your settlement status as without proof you won't pass the right to work or right to rent checks or manage other aspects of daily life.
If you do not have the paperwork to prove you have Indefinite Leave to Enter or Indefinite Leave to Remain you can make a No Time Limit (NTL) application for confirmation of your settlement status. This application provides the evidence you need for immigration control as well as for right to rent and right to work checks.
You can apply for NTL if:
- You have ILR or Indefinite Leave to Enter but you do not have a document to confirm your status
- Your passport containing your settlement status has been lost, stolen or expired
- You have changed your name after being granted Indefinite Leave to Remain or Indefinite Leave to Enter
If you have Settled Status under the EU Settlement Scheme different rules apply to how to go about proving your status.
Answering your immigration and settlement questions
Our specialist London Immigration Solicitors understand that you will have lots of questions about UK settlement and what it means for you and your family. Our experts are happy to answer your questions while supporting you through the visa or settlement application process.
UK Online and London-Based Immigration Solicitors
For immigration law advice call London-based OTS Solicitors on 0203 959 9123 or contact us online.
Our lawyers speak Arabic, Armenian, Farsi, French/Mauritian Creole, Spanish, Tamil Tagalog/Ilonggo, Urdu/Punjabi.
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