Indefinite Leave To Remain | ILR Visa
How long does indefinite leave to remain take the UK?
Indefinite Leave to Remain in the United Kingdom typically takes 5 years of continuous residence although there are some exceptions where it can be granted sooner such as being married to a British citizen. After you have completed 5 years of continuous residence you can apply for ILR but the processing time can vary and can take several months.
The length of time it takes to be granted indefinite leave to remain in the UK varies depending on an individual’s circumstances. However, the average processing time for an ILR application is around six months.
Individuals who are applying for ILR will need to meet certain requirements such as being of good character and having lived in the UK for a certain period of time. if an individual meets all the requirements they will likely be granted ILR. However, if an individual does not meet all the requirements their application may be refused.
Overall the process of applying for ILR can take some time but it is possible to be granted ILR in the UK.
What is the difference between permanent residence and indefinite leave to remain?
Permanent residence and indefinite leave to remain are both immigration status options available to individuals in the UK. Both options allow an individual to live and work in the UK indefinitely. However, there are some key differences between the two status options.
PR is typically granted to individuals who have lived in the UK for a certain period of time usually five years. Indefinite leave to remain on the other hand does not have a specific time requirement. Individuals who have indefinite leave to remain can live and work in the UK indefinitely.
Another key difference between permanent residence and indefinite leave to remain is that permanent residents are typically eligible for British citizenship while those with indefinite leave to remain are not.
PR refers to the right of a non-British citizen to live and work in the UK without any time restrictions. PR is usually granted to citizens of European Union countries who have lived in the UK for a continuous period of 5 years but this status is no longer applicable after the UK’S exit from the EU in 2020.
ILR on the other hand is a form of settlement status that gives the holder the right to live and work in the UK without any restrictions and to apply for British citizenship if eligible. However, ILR provides a more secure form of immigration status than PR and is a step towards gaining British citizenship.
What are the new rules for indefinite leave to remain?
The new rules for indefinite leave to remain have been announced by the UK government. The changes are:
There will be a new minimum income requirement of £18,600 for people applying for ILR on the basis of being in a long-term relationship with a British citizen or person settled in the UK.
The minimum income requirement will increase to £22,400 for people applying for ILR on the basis of being the primary career for a British citizen or person settled in the UK.
The minimum income requirement will be £24,800 for people applying for ILR on the basis of being the primary carer for a non-British citizen or person who is not settled in the UK.
There will be a new English language requirement for all people applying for ILR.
Completed a specified period of continuous lawful residence in the UK typically 5 years although this period may vary depending on the individual circumstances.
Met the character conduct and national security requirements.
Paid the immigration health surcharge for the specified period of time.
The requirement and application process for ILR may change from time to time so it is advisable to check the latest information and guidance from the UK government or a qualified immigration lawyer.
Do I need a solicitor to apply for ILR in the UK?
If you want to apply for an indefinite leave to remain in the United Kingdom you must use the correct application form. This can be found on the Gov. UK site. The form must be completed in full and submitted to the Home office along with the required supporting documentation.
You may choose to use a solicitor to help with your application but it is not a requirement. If you do use a solicitor they will need to be regulated by the solicitor’s regulation authority. You can find a list of SRA-regulated solicitors on their website. You can also search our immigrationsolicitors4me website.
Using a solicitor can ensure that your application is completed correctly and that you meet all the eligibility criteria. A solicitor can also provide guidance on the application process and the supporting documentation required and can assist in preparing a strong case on your behalf.
However, it is important to keep in mind that using a solicitor is not a requirement and you can apply for ILR on your own. The Uk government provides guidance and application forms on its website and you can follow the instructions and submit your application directly to the UK visa and immigration service.
Whether or not to use a solicitor is a personal decision and it depends on your individual circumstances level of confidence in completing the application process and the complexity of your case.
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