What Can I do With Indefinite Leave to Remain (ILR )?

‘What can I do with indefinite leave to remain?’ is one of those questions that indefinite leave to remain solicitors say needs to be countered with the question ‘What can't you do if you remain on a visa and subject to UK immigration controls?’ That is because what you can do with indefinite leave to remain does not appear that significant until immigration solicitors contrast it with what you can't do if you are living in the UK on a work visa, business visa, spouse visa or dependant visa.

In this blog our immigration solicitors look at the differences between life and work in the UK on a visa and with indefinite leave to remain status.

UK Online and London Based Immigration Solicitors and Indefinite Leave to Remain Lawyers

For advice on indefinite leave to remain or any aspect of immigration law call the expert London immigration lawyers at OTS Solicitors on 0203 959 9123 or contact us online.

Living in the UK on a visa

The ease of living in the UK on a visa depends on your personal and financial circumstances and the nature of your visa.

For example, if you are living and working in the UK on a skilled worker visa then you face the following restrictions:

• You can't change your employment unless you can find a new employer who has a sponsor licence and who is willing to sponsor your employment and who can provide you with a certificate of sponsorship.
• You can't change your occupation unless your new planned occupation is on the government shortage occupation list or is included in the government issued standard occupational codes. Any new occupation must meet the minimum salary threshold and skill level for a skilled worker visa.
• If your employer makes you redundant or if the company goes bankrupt your skilled worker visa will be curtailed and you will either have to leave the UK or find a new sponsoring employer with a sponsor licence.
• Your employer, as part of their sponsor licence reporting and recording duties, are under an obligation to let the Home Office know if you change address or take long periods off work.

For example, if you are living in the UK on a spouse visa then you face the following restrictions:

• You and your partner have to meet the financial requirement when you apply for the spouse visa and you will need to continue tomeet the financial requirement when you come to apply to extend your spouse visa.
• If you have children who are not British then the amount of the financial requirement increases depending on the number of children you have.
• The financial requirement can influence your job and career choices as well as your decision to have children.
• If you separate or divorce from your husband, wife or partner you may not be able to stay in the UK unless you meet the eligibility criteria for the ILR domestic violence concession or you are eligible to switch to a different type of visa.

For example, if you are living in the UK on a graduate visa then you face the following restrictions:

• The graduate visa does not lead to settlement in the UK. However, you can apply to switch from the graduate visa to the skilled worker visa if you can find suitable employment with a sponsoring employer.
• You cannot bring new dependants to the UK by getting family members to apply for a dependant visa whilst you are in the UK on a graduate visa.

Whatever your type of work visa, family visa or business visa there will inevitably be restrictions to how you want to live your life in the UK, whether that is a restriction on the type of job you do or on your choice of career or the amount of time you can spend outside the UK whilst on a visa and still meet the residence requirement for a future indefinite leave to remain application.

When first looking at your initial visa options your immigration solicitor will look the best visa for you in light of your personal and financial  circumstances and how the restrictions might affect you and your family.

Living in the UK with indefinite leave to remain status

Indefinite leave to remain lawyers say that once you have secured your indefinite leave to remain status there are very few restrictions placed upon you as you have the right to live and work in the UK. This means that:

• If you were previously in the UK on a skilled worker visa you are no longer restricted to employment by a UK employer with a sponsor licence and your job does not have to meet a minimum skill level or minimum salary threshold.
• If you were an overseas student in the UK on a student visa you are not limited to working twenty hours per week during university term times.
• Your employer no longer has to pay the immigration skills charge in order to employ you and you do not have to pay the immigration health surcharge or have to make repeat immigration visa applications.
• You no longer have to calculate if you meet the UK residence requirement for your indefinite leave to remain application. Meeting the residence requirement for an ILR application can restrict your time spent outside the UK in the run up to your ILR application.
• You can choose to go on to apply for British citizenship although there is no legal requirement for you to do so.

Once you have secured indefinite leave to remain it is common to assume that you will no longer have to participate in right to rent checks by a landlord or right to work checks by an employer. However, right to work and right to rent checks are applicable to all residents or workers in the UK so you will still be subject to them if you change your rented accommodation or your employment. However, as you are no longer on a time limited visa there should be no need to repeat the right to work checks unless you change your job.

Does an indefinite leave to remain application sound like the best option for you? If so, contact the indefinite leave to remain lawyers for advice on the ILR eligibility criteria.

UK Online and London Based Immigration Solicitors and Indefinite Leave to Remain Lawyers

For advice making an indefinite leave to remain application or for help with any aspect of immigration law call the immigration team at OTS Solicitors on 0203 959 9123 or contact us online.