Indefinite Leave To Remain |
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Indefinite Leave To Remain After you have lived legally in the United Kingdom for a certain length of time (usually between two and five years), you may be able to apply to live here permanently, depending on the category of visa you have, such as HSMP, Tier 1 General or Work Permit. It is essential that there is no break of residency during this period of eligibility i.e. you should not be away from the UK continouosly for more than 90 days during your stay.
Indefinite Leave to Remain is also often referred to as Permanent Residence (PR), however this is somewhat misleading as your ILR may be revoked in some circumstances, especially as a result of being absent from the UK for a period of two years or more.
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UK visa categories that lead to Indefinite Leave to Remain include:
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UK ancestry visa (after 5 years)
Tier 1 visa / Tier 2 work permit (after 5 years)
Spouse visa / unmarried partner visa (after 2 years)
EU nationals and dependants (after 5 years)
Long residence (after 10 years legal residency in the UK or after 14 years as a combination of illegal and legal residency in the UK).
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Please note that stay under ineligible categories such as student visa, IGS, FTS, SEGS, Post Study Work or as visitor is not counted towards the eligible stay towards Indefinite Leave To Remain or ILR. You should also not be away from the UK for more than 6 months during this eligible period of 5 years.
If you are in the UK under HSMP and if your HSMP was approved before 3 April 2006 you may be eligible to apply for Indefinite Leave To Remain in the UK or UK Residency after completion of 4 years in terms of recent judgement on Judicial Review application. You will NOT need to take Life In The UK Test if your HSMP was approved before 3 April 2006.
Once you have been granted Indefinite Leave to Remain you may also be eligible to apply for British naturalisation as a UK citizen.
AS OISC registered and monitored immigration advisers, we can help you in applying for Indefinite Leave To Remain. Please contact us to see how we can help you in settlement in the UK.
Please note that if your ILR application is refused by the Home Office, you would not be eligible for refund of the fees and you may need to apply again for ILR or extension of stay in current category if you have not completed the eligible stay as required.
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