Known as Permanent Residency, "Indefinite Leave to Remain" (ILR) is the correct term used for those people in the United Kingdom applying to remain permanently on the completion of a continuous period of stay in the UK.

There are a number of ways depending upon the applicant's UK Immigration Status when applying in which to qualify for ILR.

The general routes to Indefinite Leave to Remain in the UK include:

• Having held a Work Permit, HSMP or combination of the two immigration status’ will qualify towards the end of a continuous 5 year period
• Having held a spousal visa on the basis of having been married to a person present and settled in the UK will qualify towards the end of a 2 year period
• Having held an unmarried partner visa on the basis of habitual residence will qualify towards the end of a 2 year period
• Having held a UK ancestry visa will qualify towards the end of a continuous 5 year period
• The family member of an EEA national who has held an EEA family Permit will qualify towards the end of a continuous 5 year period
• Having resided in the UK on combination lawful visas will qualify towards the end of a continuous 10 year period
• Having resided in the UK unlawfully or a combination of lawful and unlawful status will qualify towards the end of a continuous 14 year period

From 2 April 2007 persons applying for permanent residence will be required to complete the “Life in the UK Test”.

ILR permits the applicant if successful to remain in the United Kingdom for an indefinite period. You would no longer need permission from the Border and Immigration Agency to take or change your employment and you may establish yourself in business providing you comply with the usual government requirements for businesses in the UK.

Should you leave the United Kingdom, the Immigration Officer on arrival will allow you entry to the UK as a permanent resident providing the following applies:

• You did not receive any assistance from any UK public funds towards the cost of you leaving the UK
• You were the holder of Indefinite Leave to Remain when you left the UK
• Your intention is to remain settled in the UK when you re-enter
• You have not spent more than 2 years outside of the UK*

* If your absence form the UK is for more than 2 years but you can meet all other points for entry you should apply for Entry Clearance at your nearest British Diplomatic Post in the country of your normal residence to return to the UK as a permanent resident.

It is worth noting that any children born to you in the UK from 1 January 1983 onwards who is not currently a British citizen may be entitled to registration as a British citizen. Any child born to you once ILR has been granted would be a British citizen at birth except where the parents are not married in which case it is only achieved through the mother.

Once you have held ILR for 12 months and you have been in the UK for 5 years (including the ILR 12 month period) you may qualify for Naturalisation as a British citizen. There are a number of other requirements to consider before applying and the settlement and residence periods are reduced for those married to British citizens.

Contact Ambler Collins for a free assessment of your eligibility to apply. Contact us at info@amblercollins.com or phone +44 (0)20 7371 0213

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