Leave to Remain is the inspirational coming of age drama that unveils an unseen world of teenage. Rentals include 30 days to start watching this video and 48 hours to finish once started. Rent. Format: Prime Video (streaming online video. In selected cinemas from 19th June 2014. 3 teenagers forced to leave everything behind, learn to live alone in a hostile country. That country is. Leave To Remain NEW Trailer. Home • Right to Remain. Further Leave to Remain. further leave to remain (FLR) after 2.5 years, indefinite leave to remain (ILR or permanent residence) and naturalisation for spouses. We work with communities across the UK. We provide information to help people navigate the immigration and asylum system. We challenge injustice. LEAVE TO REMAIN Official Trailer 2014.
Watch Leave to Remain (2013. Prime Video.
Leave to Remain (2013. Three teenagers seek asylum in the UK, leaving behind all that they once knew. Whilst it may falter at times, Leave to Remain does prove a compelling watch.
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Indefinite leave to remain (ILR) or permanent residency (PR) is an immigration status granted to a person who does not hold the right of abode in the United Kingdom (UK) but who has been admitted to the UK without any time limit on his or her stay and who is free to take up employment or study. What is the difference between limited and indefinite leave to remain? Limited leave to remain allows you to enter and stay in the UK for a specified period of time, while indefinite leave to remain will provide you with permission to permanently live and work in the UK. There are, however, other differences that go beyond simple timescales. Indefinite Leave to Remain ILR Requirements 2019 [UPDATED. Discretionary Leave to Remain in the UK, Visa & Migration. Leave to Remain in the UK (Requirements & Applications. Extension for Discretionary Leave to Remain is generally granted if the circumstances of your initial grant have not changed. You may be allowed access to public funds and will generally be entitled to work. Indefinite leave to remain in the UK: your rights and, Indefinite Leave to Remain (ILR) English Language Test in.
Leave to Remain (2013. What is the English language test required for Indefinite Leave to Remain (ILR) The English language test that is required for an Indefinite Leave to Remain (ILR) application in 2019 is the B1 standard of the CEFR (or higher) in speaking and listening. This must be a Secure English Language Test (SELT) that is approved by the Home Office. Leave to Remain - UK Visa Extension Information and Procedure, Based on real-life stories, Leave to Remain is a coming of age drama that depicts a world hidden from view. Featuring a soundtrack by the award winning band Alt-J, this provocative debut feature from BAFTA winner Bruce Goodison, introduces an ensemble cast of emerging talent, young refugees and acclaimed actor, Toby Jones. Indefinite leave to remain. Check if you qualify to settle in the UK based on your current visa or relationship to people in the UK - settlement is also called 'indefinite leave to remain.
Further Leave to Remain - One Immigration Solutions. Leave to remain is the UK visa extension. All the information about the process, requirements, what visas can you extend and more, Indefinite Leave to Remain (ILR) in the UK - UK Visa Bureau, Further Leave to Remain FLR(M) FLR(FP. Marriage/Spouse under 5 years route, extensions, 10 years route on the basis of family life - contact us now (free consultations available) to find out the requirements and how to apply, The Indefinite Leave to Remain (ILR) requirements in 2019 are as follows. The applicant must be in the UK on a certain type of UK visa; The applicant must have continually been in the UK for the relevant qualifying period. Find out if you can apply to settle in the UK - If you have indefinite leave to remain or enter (ILR or ILE)If you have ILR or ILE there is no longer any time limit on your ability to stay in the UK... If you have ILR or ILE and your home is in.
Leave to Remain - UK Visa Extension Information. With a leave to remain, as opposed to an entry visa, you are allowed to require an additional period of stay in the UK. This process is known as applying for further leave to remain or visa extension. Leave to remain – but no home to remain in after fees treble, UK. Tier 4 leave to remain, International Students.
Indefinite Leave To Remain UK, How To Apply, IAS. Indefinite leave to remain (ILR) or permanent residency (PR) is an immigration status granted to a person who does not hold the right of abode in the United Kingdom (UK) but who has been admitted to the UK without any time limit on his or her stay and who is free to take up employment or study. When indefinite leave is granted to persons outside the United Kingdom it is known as indefinite leave to enter (ILE. A person who has indefinite leave to remain, the right of abode or Irish citizenshiphas settled status if resi.
Discretionary Leave to Remain in the UK, Visa. Leave to Remain. Page 1 of 19 Published for Home Office staff on 1 October 2019. Indefinite leave to remain: calculating continuous period in. UK. Version 19.0. Leave to Remain in the UK (Requirements. Indefinite Leave to Remain is granted to people who have already shown a commitment to the UK on a temporary visa. After a UK visa holder has lived in the UK for a specific period of time, they can apply for ILR which entitles them to live in the UK for as long as they wish, and even apply for naturalisation. 09.03.2016 Directed by Bruce Goodison. With Noof McEwan, Zarrien Masieh, Yasmin Mwanza, Farshid Rokey. Three teenagers forced to leave their family, friends and homes behind learn to live in yet another hostile country. That country is the UK.
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Leave to remain kele. Leave to remain visa fees. UK Visa Extension 2019-08-16T14:50:22+00:00 What is a UK Leave to Remain? Having been granted a UK visa simply means that your entry and your stay for a specific time in the UK are guaranteed. This also entails that your return into your home country should happen early enough before your existing entry visa period expires. In other cases than that, you must make an additional visa application, through which you will require remaining in the UK for a longer period, beyond that given by your current visa. Typically the additional period of stay must come as a need for the same purpose you required to enter the country of the UK. Yet, there are exceptions since some UK entry visa types allow the holder to switch into other visa types – because the reason for requiring further leave (additional period of visa) might change from the reason you came to the UK. But yet, this entails additional requirements and procedures. When you want to stay longer in the UK, beyond the existing entry visa period, you will be asked to make an application to get a temporary visa known as a leave to remain. Yet again, being so lucky to get granted with a leave to remain, your permanent stay in the UK will not be decided, as even this visa can only offer a temporary period of stay for the holder. With a leave to remain, as opposed to an entry visa, you are allowed to require an additional period of stay in the UK. This process is known as applying for further leave to remain or visa extension. Which Visas Can be Extended? Nearly all the UK visa types have an option for extension. However, the person has to make sure not to fail complying with specific conditions and of requirements. The rule excludes Tier 5 Youth Mobility Scheme visa, as this visa type cannot be extended further. The greatest period one can stay in the UK with an entry visa in this category is 2 years, and if they wish to stay longer in the UK, they must return to their home country and reapply. Also, a Turkish Worker period of visa cannot be extended further. The holders of this visa, therefore, must return home at the end of the visa period. What are the requirements for extension of a Leave to Remain? When you decide to apply for an extension you must make sure you comply with several situations: You must require extension in the same visa type you currently have You should apply for an extension at least 8 weeks before the existing visa period exceeds You must have not been part of any criminal activity or you must have not brake any UK law or Immigration law during the entire period of stay in the UK You have to provide the biometric information – such as the fingerprints and recent photographs for yourself and any depended when applying for the extension You must have not been in breach of immigration laws while having a valid UK visa You can stay in the UK until the decision about extension is taken, but only if you have applied within the visa period. Required documents to apply for a Leave to Remain Required documents to apply for an extension are the following: A duly complete application form for the visa extension (of the particular visa you want to extend) Certificate of birth of the children (if a child is applying with you as your dependent) Certificate of marriage (if a family member applying with you as your dependent) Documents regarding your education Documents you have applied to get your leave to remain The existing passport Proof of having enough maintenance funds for yourself and any dependent The Academic Technology Approval Scheme (ATAS) certificate (if required) The Police Registration Certificate (If required) Tuberculosis test results (if required) Two recently made photographs (check for UK photographs specifics) Paid healthcare surcharge (if required) How to Apply for a UK Visa Extension? You can both apply from inside or out of the UK when requiring for your visa period to be extended. When in the UK you can either: Apply online through standard, priority service Apply in person at the premium service Centre – to get the same-day decision on your application When outside of the UK: Send the application dossier by post office to the address written in the application form The Length of the Visa Extension You will be allowed to get an extension of your leave to remain for staying longer in the UK based on your personal circumstances and your ability to cope with the application requirements. Yet, there is a boundary as regards of the maximum period a visa extension can be offered. This maximum period allowable for any visa type is presented as in the following: Tier 1 Entrepreneur – maximum 2 years Tier 1 Exceptional Talent – maximum 5 years Tier 2 Sportsperson – maximum 3 years and 14 days Tier 5 Temporary Worker – Charity Worker – maximum 1 year, or 2 weeks after the end of the period of the certificate of sponsorship (whichever is less) Tier 5 (Creative and Sporting) Creative worker: maximum 1 year, or 2 weeks after the end of the period of the certificate of sponsorship, the time required to extend the stay up to 2 years (whichever is less) Sportsperson: maximum 1 year, or 2 weeks after the end of the period of the certificate of sponsorship (whichever is less) Tier 5 (Temporary Worker – Government Authorized Exchange) Tier 5 (Temporary Worker – International Agreement) – with some exceptions, this visa can be extended up to 6 years Tier 5 (Temporary Worker – Religious Worker) – maximum 2 years, or 2 weeks following the end of period of the certificate of sponsorship (whichever is less) For a UK work visa For researching, for participating in a training or overseas government language program: 2 years the most, or, 2 weeks following the end of the certificate of sponsorship (whichever is less). A Turkish Businessperson Visa – maximum 3 years (if working in the same business) and if lacking to have the complete documents for extension up to 1 year, with a possibility to re-apply by the end of that year UK Ancestry Visa – maximum 5 other years How Long Until the Application is Processed? The decision on your visa extension application is usually announced within the following timetable: 8 weeks – for an application done from within the UK 3 weeks – for an application done from out of the UK On the application day – if applying through premium services This period can be longer in some exceptional cases, such as: your application dossier needs for further verification; there is a case of applicant’s involvement in criminal; or the applicant is required to attend an interview regarding their application, and so on. Last Updated on August 16, 2019.
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British citizenship and nationality law Introduction British nationality law ( History) Irish citizens in the United Kingdom Nationality classes British citizens British subjects (under the British Nationality Act 1981) British Overseas Territories citizens British Nationals (Overseas) British Overseas citizens British protected persons See also Commonwealth citizens Right of abode Indefinite leave to remain Belonger status (in certain British Overseas Territories) Relevant legislation British Nationality Act 1948 / 1981 Ireland Act 1949 Immigration Act 1971 British Nationality (Falkland Islands) Act 1983 British Overseas Territories Act 2002 v t e Indefinite leave to remain ( ILR) or permanent residency ( PR) is an immigration status granted to a person who does not hold the right of abode in the United Kingdom (UK), but who has been admitted to the UK without any time limit on their stay and who is free to take up employment or study. When indefinite leave is granted to persons outside the United Kingdom it is known as indefinite leave to enter ( ILE). A person who has indefinite leave to remain, the right of abode or Irish citizenship has settled status if resident in the United Kingdom (all full British citizens have the right of abode). Indefinite leave is not a permanent status. It can lapse where the holder has stayed outside the United Kingdom for a continuous period of more than two years.  Settled status is central to British nationality law, as the most usual route to naturalisation or registration as a British citizen requires that the applicant be settled in the UK. Settled status is also important where a child of non-British citizen parents is born in the UK, as unless at least one parent has settled status the child will not automatically be a British citizen. Advantages [ edit] Acquisition of British citizenship [ edit] Holders of ILR may apply for British citizenship if they have held ILR for twelve months or longer, are over 18 and have been ordinarily resident in the United Kingdom for the last five years. Certain ILR holders may apply for British citizenship under the registration clauses if they are qualified to do so (e. g., born in the UK or holding another form of British nationality). Registration normally costs less than naturalisation and applicants are not required to meet knowledge and language requirements. Children born in the UK [ edit] A child born in the United Kingdom after 1983 to persons who are not British citizens will not automatically be a British citizen. Prior to 1 July 2006, only a legitimate child (born to parents who are married to each other) could automatically derive British citizenship from the father, if the father was a British citizen or "settled" in the United Kingdom. However, if the parents are not married when the child is born in the United Kingdom, but then get married, and the marriage legitimates the child, then if the father was a British citizen or "settled" in the UK when the child was born, the child would become a British citizen and would be regarded as having been one from the date of marriage. This affects only children where the mother is neither a British citizen nor "settled" in the UK. For children born on or after 1 July 2006, an unmarried father has broadly equivalent rights (compared with a married father) to pass on British citizenship to a child. Where a child would be a British citizen but for the fact that the parents are not married, the Home Office will usually register the child as a British citizen under section 3(1) of the British Nationality Act provided that the child is still under 18. If ILR is acquired after the child's birth, the child will not automatically be a British citizen. However the child can be registered as a British citizen under s1(3) of the British Nationality Act 1981 provided application is made before the age of 18. Alternatively, if the child lives in the UK until age 10, it will have a lifetime entitlement to registration as a British citizen under s1(4) of the Act. Children born in the United Kingdom before 1983 are British citizens regardless of the immigration status of their parents (unless the father was at the time of the child's birth a diplomat accredited to the United Kingdom). Public funds [ edit] Unlike people with Limited Leave to Remain (LTR) in the UK, ILR holders have access to public funds. "No recourse to public funds" is not written in ILR holders' visas. As a result, they are able to claim job seekers' allowances and other benefits that are usually available only to British, EU, EEA and Swiss citizens. Home student status [ edit] ILR holders pay home student rates (i. e. the same rate as British, EU, EEA and Swiss citizens) for study at higher education institutions in the UK. That is, they are not charged as international students, unlike LTR visa holders, if they want to study courses in any UK institutions. Right to stand in elections [ edit] Commonwealth citizens who have ILR and are resident in the UK have the right to vote and stand as candidates in all elections.  Acquisition of ILR [ edit] ILR can be acquired in a number of ways. No residence [ edit] A child (including an adopted child) aged under 18 who holds leave to enter or remain with a view to settlement with a parent, parents or a relative who is a settled person and resident in the UK can apply for ILR using Form SET(F). A parent, grandparent or other dependant relative aged 18 or over of a person who is a settled person and resident in the UK can apply for ILR using Form SET(F). People satisfying all of the below criteria can apply for ILR using Form SET(DV): were given permission to come to the UK for up to 27 months or to extend his/her stay for two years as the husband, wife, civil partner, unmarried partner or same-sex partner of a permanent resident (even if that permission is no longer valid) were still in that relationship at the time they came to the UK or extended their stay as their husband, wife, civil partner, unmarried partner or same-sex partner can produce evidence that the relationship has broken down permanently since then as a result of domestic violence. 2 years' residence [ edit] A person who has lived in the UK for 2 years with temporary permission to remain in the UK as the husband, wife, civil partner or unmarried/same-sex partner of a British citizen or a settled person and who intends to continue living together (and are still married or in a civil partnership, if applicable) can apply for ILR using Form SET(M), as long as he/she arrived in the UK or applied for permission to stay in the UK on or before 8 July 2012. Note that a person living in the UK as the husband, wife, civil partner or unmarried/same-sex partner of a British citizen or a settled person who either arrives in the UK or applies for permission to stay in the UK on or after 9 July 2012 must live in the UK for 5 years (and not 2 years) to obtain ILR (see below). 4 years' residence [ edit] A person who has lived in the UK for 4 years with a visa issued before 3 April 2006 under the Highly Skilled Migrant Programme (HSMP) and Employment Not Requiring Work Permit can apply for ILR using Form SET(O). A commonwealth citizen who has served in the British Armed Forces for a minimum of four years: after leaving the Army can apply for ILR using Form SET(AF).  5 years' residence [ edit] A person who has lived in the UK for 5 years with a visa issued in one of the following categories can apply for ILR using Form SET(O): Tier 1 or Tier 2 of the points-based system (excluding the Post-study work category of Tier 1) work permit businessperson innovator investor representative of an overseas newspaper, news agency or broadcasting organisation private servant in a diplomatic household domestic worker in a private household overseas government employee minister of religion, missionary or member of a religious order airport-based operational staff of an overseas-owned airline self-employed lawyer writer, composer or artist UK ancestry highly skilled migrant under the Highly Skilled Migrant Programme (HSMP) A person who has lived in the UK for 5 years with a visa issued in one of the following categories can apply for ILR using Form SET(BUS): retired person of independent means sole representative of an overseas firm. A person who has been granted humanitarian protection since 30 August 2005 and whose current 5-year permission to stay is due to expire can apply for ILR using Form SET (Protection Route). A person who has lived in the UK for 5 years under the Gateway Protection Programme can apply for ILR using Form HPDL. A person who has lived in the UK for 5 years with temporary permission to remain in the UK as the husband, wife, civil partner or unmarried/same-sex partner of a British citizen or a settled person and who intends to continue living together (and are still married or in a civil partnership, if applicable) can apply for ILR, as long as he/she arrived in the UK or applied for permission to stay in the UK on or after 9 July 2012. For those who arrived in the UK or applied for permission to stay in the UK on or before 8 July 2012, a 2-year period of residence (instead of 5 years) applies (see above). 6 years' residence [ edit] A person who has lived in the UK for 6 years with Discretionary Leave can apply for ILR using SET(O). Form HPDL was used as an alternative depending on circumstance but this practice has now ceased. 10 years' residence [ edit] A person who has lived in the UK for 10 years continuously can apply for ILR on the ground of 'long residence' using Form SET(LR) as long as all time spent in the UK during the 10 years has been lawful, and he/she has not left the UK for more than 540 calendar days in total (18 months), or more than 180 calendar days (6 months) at one time.   In 'compelling or compassionate circumstances', the Home Office can exercise discretion over any excess absences over the threshold.  If the person has gaps in lawful residence during the 10-year period, ILR can still be granted as long as each gap did not exceed 28 days and ended before 24 November 2016, or in 'exceptional circumstances' where the gap exceeded 28 days, or where there was a 'good reason beyond the control of the applicant or their representative' if the gap did not exceed 14 days and ended on or after 24 November 2016.  17 years' residence [ edit] A person aged under 18 who has lived in the UK for 7 years continuously (lawfully or unlawfully, but discounting any period of imprisonment) can apply for leave to remain on the grounds of private life using Form FLR(FP) if it would not be reasonable to expect the applicant to leave the UK. During the 7-year period of continuous residence, the person must not have left the UK for more than 540 calendar days in total (18 months), or more than 180 calendar days (6 months) at one time.  After living in the UK for 10 years continuously (holding leave to remain on the grounds of private life during this period), he/she can apply for ILR.   19–22. 5 years' residence [ edit] A person aged between 18 and 25 who has lived in the UK for at least half of his/her life (lawfully or unlawfully, but discounting any period of imprisonment) can apply for leave to remain on the grounds of private life using Form FLR(FP). During the period of continuous residence, the person must not have not left the UK for more than 540 calendar days in total (18 months), or more than 180 calendar days (6 months) at one time.   30 years' residence [ edit] A person who has lived in the UK for 20 years continuously (lawfully or unlawfully, but discounting any period of imprisonment) can apply for leave to remain on the grounds of private life using Form FLR(FP). During the 20-year period of continuous residence, the person must not have not left the UK for more than 540 calendar days in total (18 months), or more than 180 calendar days (6 months) at one time.  After living in the UK for a further 10 years continuously (holding leave to remain on the grounds of private life during this period), he/she can apply for ILR.   Alternatively, a person who has lived in the UK for less than 20 years continuously (lawfully or unlawfully, but discounting any period of imprisonment), but faces very significant obstacles to integrating into the country to which he/she would have to go if required to leave the UK, can apply for leave to remain on the grounds of private life using Form FLR(FP).   Outside the Immigration Rules [ edit] UK Visas and Immigration has discretion to grant ILR outside the Immigration Rules either where someone qualifies under one of the immigration policy concessions or for reasons that are particularly compelling in circumstance and it is almost certain that there will be no change in circumstances within five years.  Costs [ edit] Prior to 2003, Indefinite Leave to Remain in the UK was free. However, since 2003, fees have been introduced and have risen each year in April. ILR Fees were introduced at £155  in 2003. Following record immigration in 2004–05, mainly from Eastern Europe,  for the main applicant the fee was raised in 2005 to £335,  in 2007 to £750, and in 2009 to £820. In 2009 the Government introduced a £70m Migrants Impact Fund. Economic migrants and students coming to the UK from outside the EU are charged a £50. 00 levy in addition to their normal visa application fee. The fund is used to support the communities in which they live.  A fee was also introduced for dependent applicants, at £50. 00 each. In 2009 Premium Applications with an in-person appointment at a regional office were introduced at a cost to the applicant of £1020.  In 2010/11 the application fee was raised to £840 (£1095 premium) including the Migrants Impact Levy.  The dependents fee was also increased to £129. 00 each. In August 2010, the new government scrapped the Migrants Impact Fund.  However, the levy is still charged; the extra income "will now contribute to the cost of the visa and will mitigate increases that the Government would otherwise have had to make. "  On 6 April 2011, the application fee was raised to £972 (£1, 350 premium) including the Migrants Impact Levy.  The dependents fee was also increased to £486 (£675 premium) each. From 6 April 2012, the application fee was raised to £991 (£1, 377 premium) including the Migrants Impact Levy.  The dependents fee was also increased to £496 (£689 premium) each. From 6 April 2015, the application fee was raised to £1, 500 (£1, 900 premium). From 6 April 2016, the application fee was raised to £1, 875 (£2, 375 premium) per person (dependants also pay the same fees).  From 6 April 2017, the application fee was raised to £2, 297 (£2, 848 premium) per person (dependants also pay the same fees).  From 6 April 2018, the application fee was raised slightly to £2, 389 (£2, 999 premium) per person (dependants also pay the same fees).  Citizens of EEA member states [ edit] Citizens of countries in the European Economic Area (other than British and Irish citizens) and Swiss citizens obtain permanent residence status automatically after five years' residence in the United Kingdom exercising Treaty rights rather than ILR.  The rights of EEA citizens are not governed by UK Immigration Regulations,  but rather the EEA Regulations. Under the law as it existed between 2 October 2000 and 29 April 2006, a citizen of an EEA state or Switzerland could be granted permanent residence on an application after four years' residence in the United Kingdom exercising Treaty rights (five years from 3 April 2006). Prior to 2 October 2000, citizens of EEA states were deemed to be permanent residents immediately upon taking up residence in the UK to exercise Treaty rights. The change in the law in 2000 was retroactive. Hence, for example, a French citizen who arrived to work in the UK on 1 July 1986 would have been treated as a permanent resident between that date and 1 October 2000. From 2 October 2000, the status would revert to that of a temporary resident if an application for ILR was not made. On 30 April 2006, with five years' residence exercising Treaty rights accrued, that person regained permanent resident status. Post-Brexit status changes [ edit] In 2018, the UK government has indicated that a new immigration status would be created for EU, EEA and Swiss citizens with settled status due to the fact that their permanent residence status will lapse following Brexit.  The new scheme was unveiled in October 2018 while the full operation of the scheme will only start when the UK leaves the EU.  On 1 November 2018, the Home Office launched a limited pilot of the scheme for certain persons working in higher education, health care or social care sectors and having access to an Android device.  Under Appendix EU to the Immigration Rules, this new immigration status is confirmed as 'Indefinite Leave to Remain (ILR) in the United Kingdom' although citizens with the status receive no physical documentation confirming this status. Irish citizens will continue to benefit from the freedom of movement and will not be affected by Brexit due to the fact that the Common Travel Area agreement were signed before the UK's European Community membership and hence cannot be affected by UK's withdrawal from EU regulations.  Immigration rule changes [ edit] HC 1016 [ edit] With effect from 3 April 2006, the period of time required to obtain Indefinite Leave to Remain increases to five years. These changes were debated in House of Commons Standing Committee on 20 June 2006. All Labour MPs voted for preserving the retroactive aspect of the changes, while all other MPs voted that the Government should bring in transitional arrangements to allow those already in the UK before the rule change to qualify under the previous four-year rule. These changes were protested in demonstrations and rallies in London on 16 June and 23 July 2006. The changes were retroactive in the sense that people on a four-year visas must apply for a one-year extension before they can apply for ILR, but they did not affect people who had already been granted ILR after four years. HC 398 [ edit] As from 2 April 2007, a new condition has been added that "the applicant has sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, unless he is under the age of 18 or aged 65 or over at the time he makes his application. "  There are two ways the applicant can meet this condition:  by passing a test called the " Life in the UK Test ". The test is taken on a computer at one of the 100 or so Life in the UK Test centres in the UK. It consists of 24 questions based on the information contained in the handbook "Life in the United Kingdom: A Journey to Citizenship" (2nd Edition) and requires a language ability the equivalent of ESOL Entry 3. by attending an English for Speakers of Other Languages (ESOL) course which includes citizenship materials, and progressing from one ESOL level to the next. It is stated that on average students require between 200 and 450 hours of tuition for each ESOL level. HC 194 [ edit] On 9 July 2012, the 14-year rule (paragraph 276B(i)(b)) (which provided a route to settlement on the grounds of long residence, lawful or unlawful) was withdrawn. Instead, the new Immigration Rules provided that at least 20 years' continuous residence, lawful or unlawful, would, subject to criminality and other criteria, normally be necessary to establish a claim to remain in the UK on the basis of the Article 8 right to respect for private life. (The 10-year rule (paragraph 276B(i)(a)), which provides a route to settlement on the grounds of continuous lawful residence in the UK of at least 10 years, was unaffected and remains in place).  ILR may also be curtailed by the Home Secretary for reasons of national security or if the holder of the ILR commits an offence that could lead to their deportation from the United Kingdom. A person may also lose ILR by leaving the United Kingdom for more than two years. However, in some circumstances, such a person may reapply for indefinite leave to enter the UK. British Overseas citizens, British subjects and British protected persons do not lose ILR no matter how long they stay outside the UK. See also [ edit] British nationality law Leave to enter Life in the UK test Permanent residency UK Ancestry Entry Clearance Long-term resident (European Union) References [ edit] ^ Art. 13(4)(a), "The Immigration (Leave to Enter and Remain) Order 2000",, The National Archives, SI 2000/1161 ^ Electoral Administration Act 2006, Section 18 ^ "Apply to settle in the UK - ".. ^ a b c d e "Immigration Rules part 7: other categories - Immigration Rules - Guidance - ".. ^ "Apply to settle in the UK: long residence: Eligibility - ".. ^ a b "Home Office: Long residence (Version 15. 0)" (PDF). ^ a b c d "Immigration Rules - Guidance - ".. ^ a b c d "Home Office Immigration Directorate Instruction (Family Migration: Appendix FM Section 1. 0b), Section 8 (pp. 39-46)" (PDF). ^ "Chapter 01: general provisions (immigration directorate instructions) - " (PDF).. ^ a b "The Immigration (Leave to Remain) (Fees) Regulations 2003".. ^ "BBC NEWS - UK - Rate of immigration 'set to rise ' ".. ^ Westminster, Department of the Official Report (Hansard), House of Commons. "House of Commons Standing Committee".. ^ Foundation, Internet Memory. "[ARCHIVED CONTENT] UK Government Web Archive – The National Archives".. Archived from the original on 8 April 2010. ^ "Archived copy". Archived from the original on 4 January 2008. Retrieved 18 December 2007. CS1 maint: archived copy as title ( link) ^ [ permanent dead link] ^ Wintour, Patrick (6 August 2010). "Fund to ease impact of immigration scrapped by stealth" – via The Guardian. ^ Westminster, Department of the Official Report (Hansard), House of Lords. "Lords Hansard text for 17 Nov 201017 Nov 2010 (pt 0001)".. ^ "Visa fees - " (PDF).. ^ ^ "European nationals and schemes (entry clearance guidance) - ".. ^ "Existing UK residence documents for EU citizens".. Home Office. Retrieved 25 November 2018. ^ "Settled and pre-settled status for EU citizens and their families".. Retrieved 25 November 2018. ^ "EU Settlement Scheme pilot: applicant eligibility".. Retrieved 27 November 2018. ^ "Living and Working in the UK". Department of Foreign Affairs and Trade. ^ "Immigration Rules - Guidance - ".. Archived from the original on 9 May 2007. Retrieved 20 May 2007. ^ "Archived copy". Archived from the original on 16 June 2007. Retrieved 20 May 2007. CS1 maint: archived copy as title ( link) ^ "Statement of changes to the Immigration Rules: HC194, June 2012 - " (PDF).. External links [ edit] UK Border Agency - Applying for settlement in the United Kingdom.
Applicants face strict requirements to qualify for UK Indefinite Leave to Remain. These depend on which visa you are on and for how long you have been resident in the UK. Processing times also vary greatly depending on your visa class. In this guide, we look at indefinite leave to remain in the UK, including the benefits of holding ILR, who is eligible and how to apply. What is Indefinite Leave to Remain? Indefinite Leave to Remain, or UK settlement, grants an applicant the right to live and work in the UK without any immigration restrictions. It is a mandatory requirement for non-EEA nationals looking to apply for British citizenship. Generally, this means having spent 5 continuous years in the UK with lawful status and without excessive absences. We look at some of the frequently asked questions put to us by individuals looking to apply for ILR or to settle in the UK. With indefinite leave to remain, you can remain in the UK on an indefinite basis free from restrictions on travel and immigration. You can work and study and also claim public benefits. You can also leave and re-enter the UK without needing to secure a visa and can be joined by your family. ILR does not however allow you to vote in the UK or apply for a British passport. ILR can also be lost if you are absent from the UK for more than two years or if you are facing deportation after a conviction. Is ILR the same as citizenship? There are several differences between indefinite leave to remain and British citizenship. The eligibility requirements and application process differ significantly between ILR and naturalisation. ILR status can be lost, where the individual as been absent fro the UK for more than 2 years, or revoked for reasons of national security or if you commit an offence that could lead to deportation. Importantly, ILR is a mandatory prerequisite for non-EEAs wishing to apply to naturalise as British citizens. Before you can apply to naturalise, you need to have held ILR status for at least one year. If married to a UK resident, you do not have to wait the 12 month period to apply. With British citizenship, you are also free to live and work in the UK without immigration restrictions, but you are able to apply for a British passport and you do attain the right to vote. And while ILR can be lost after 2 years’ absence from the UK, citizenship is permanent. Is ILR the same as permanent residence? Both ILR and permanent residence refer to immigration status free from time restriction and free from limitations on leaving and entering the UK. While ILR is the settlement route for non-EEA nationals, EEA nationals are required to apply for permanent residence (or Settled Status) as a prerequisite to applying to naturalise as a British citizen. What are the indefinite leave to remain requirements? ILR is not automatically granted. Strict eligibility criteria must be met and evidenced as part of the Home Office application, which includes completing the relevant form and submitting supporting documentation. Qualification criteria vary depending on the type of visa status you have held in the UK, with some operating on a points-based system. When you can apply for Indefinite leave to Remain depends on the visa held: Immigration status Qualifying period Partner of a British Citizen or Person settled in the UK visa A fter two years for visas issued prior to 9 July 2012, after five or ten years if applied on or after 9 July 2012 Tier 1 visa After five years Tier 2 visa In limited circumstances only, after five years UK ancestry visa After five years Retired Person visa After five years Discretionary Leave to Remain Six years Long residence After ten years continuous legal residency in the UK Returning resident If settled in the UK prior to departure and returning to the UK within two years of departure, then may be able to apply immediately on return In some cases, applicants may have been granted 5 years continuous leave, but will not have spent five years continuously in the UK before their current leave expires. For example, if you are granted 5 years continuous leave to enter but do not enter the UK until 6 to 8 weeks after the date the visa was issued, you will not have completed 5 years leave in the UK and as such fall short of this requirement for ILR. Caseworkers may count the period between entry clearance being granted and the date the applicant entered the UK towards the five years, provided this period was not longer than three months. This is a positive piece of guidance for those who may have not entered the UK within 28 days of their visa being issued. Depending on your visa category, you may also have to show you have not breached a specific threshold for absences from the UK. Family members on a dependant visa may also be eligible for ILR where the main applicant qualifies. ILR and KoLL requirement If you are aged between 18 and 64 then as part of your ILR application you will need to pass the Knowledge of Life in the UK Test show your knowledge of the English language is at the required standard. How are absences calculated? The so-called ‘180 day rule’ on calculating the qualifying ILR absence period changed in 2018. For entry clearance or leave to remain granted prior to 11 January 2018, ILR applicants cannot have been absent from the UK for more than 180 days in the five consecutive 12 month periods. Periods of leave granted after 11 January 2018 however are calculated on a rolling basis, with the 180 day rule applicable to any 12 month period during of the qualifying period. Absences from the UK totalling over 180 days during any one 12-month period of your qualifying period will render you ineligible for ILR by way of ‘excessive absence’ – effectively resetting the clock on your residence. The change in absence calculation is of most concern for Tier 2 (General) visa holders who travel extensively on business. If you intend to apply for ILR and are concerned about your time out of the UK, it’s advisable to take steps where possible to plan, manage and reduce time spent out of the country: avoiding non-essential trips, reducing leisure travel if business demands cannot be reduced, or postponing travel until after ILR has been secured. Keep contemporaneous records of your travel dates and destinations; you will need this information for your application and it has to be accurate. A further consideration – if you do travel extensively – if you do succeed in securing ILR and continue to travel extensively, while you’ll no longer be subject to the 180 day rule, ILR status may be lost if you are absent from the UK for more than two years. You will be advised which documents to send in support of your form. You will need to print the form and submit originals of the supporting documentation. I’m a PBS visa dependent – does the absence rule apply to me? The ILR absence rule changes in January 2018 also affected points-based visa dependants. Prior to this, PBS visa dependants were excluded from the excessive absence requirement. Now – if you are making a new application for ILR, ie after 11 January 2018, the 180-day absence rule will apply in the same way as it applies to the main visa applicant. The rules do not apply retrospectively, meaning only absences during periods of visa permission granted after 11 January 2018 will count towards the 180 days. Note however that the absence rules do not apply to children, only to spouses and unmarried partners of PBS visa holders. How to apply for indefinite leave to remain To make an application for ILR, you will need to complete the relevant form and compile the supporting documents to submit to the Home Office. Most applications for indefinite leave to remain now require applicants to attend an appointment at UKVCAS to submit their biometric information and submit digital copies of supporting documents. You should also check if you need to pass the Life in the UK test and the English language requirements, and pay the relevant application fee. Which ILR form? There are two forms for indefinite leave to remain: form Set (0) and form set (M). It will be important to use the correct form for your circumstances or your application is likely to be refused. Set (0) is used to apply for indefinite leave to remain in the UK in various immigration categories and for a biometric residence permit: To use form set (o) for ILR Description Tier 1 Entrepreneurs and ‘accelerated’ entrepreneurs An entrepreneur being a person who has created a valid business and jobs for UK citizens. You may be eligible for accelerated entrepreneur and may apply after 3 years if you have either a high turnover of £5 million or more or have created 10 or more full-time jobs for the settled population Tier 1 Investors and ‘accelerated’ investors An investor being an individual who has invested a substantial amount in a UK based business. This may be accelerated to apply after 3 years if the investment is considered large enough. Tier 1 Exceptional talent A worker that has skills that are essential to the business. Tier 2 Workers A person that has been living and working in the UK for a minimum of 5 years under a Tier 2 visa. PBS dependants Dependent children under the age of 18 may apply using the same Set O form as their parent. The dependent child/children that are applying on the form will also need to be present in the UK at the time of application in order to qualify. Children over the age of 18 must apply individually and pay a separate fee with their application. Employment not requiring a work permit If you are an EU/EEA or Swiss National legally working in the UK without a visa, and do not require a work permit to work in the UK, you may use the set O form to apply for ILR. Overseas business representatives A person who is working in the UK to establish a branch of an overseas based company as an overseas business representative. UK Ancestry A person that has at least one grandparent that was born in the UK and in is in the UK under the ancestry route. Retired person of independent means A retired person who is lawfully in the UK, financially independent and able to support themselves and any dependants. Bereaved partner Your partner must either have been a British Citizen or had indefinite leave to remain and you intend to remain in the UK after their passing. The Set M form is for a partner, parent or child of a person who is already settled in the UK or a British citizen, who wishes to apply for UK indefinite leave to remain (ILR). How long is Indefinite leave to remain processing? UKVCAS operates standards for application processing, starting from the date the application is received. Applicants applying from within the UK for indefinite leave to remain can expect to wait up to six months for a decision on their application. Is there premium processing for ILR? UKVCAS offer an ILR priority application processing service to give you a decision within 5 working days of your appointment. It costs £500, in addition to the application fees. Under the super priority service, you can receive a decision by the end of the next working day after your UKVCAS appointment, or within 2 working days if your appointment is on a weekend. This service costs £800 over and above the normal application fees. For the purposes of processing times, working days are classed as Monday to Friday and do not include bank holidays. Super priority appointments on a weekend are treated as having taken place on the next working day, ie the following Monday, or in the case of a bank holiday, the Tuesday. What if the application is refused? If your application has been refused, it will be important to understand the reasons why before deciding on your next steps. For example, if there was an error in completing the form, if you paid an incorrect fee or if you were refused on discretionary grounds. If you choose to make a new application, ensure your new submission addresses the previous grounds for refusal. Can indefinite leave to remain expire or be lost? While indefinite leave to remain is granted on a permanent and indefinite basis, there are circumstances where the status can be lost or withdrawn. If you are out of the UK for a period of more than two years, you will lose your ILR status. To return to the UK to settle, you will need to make an application for a Resident Return visa for your ILR to be reinstated. You will need to make this application before you travel to the UK. If you are travelling to the UK for a reason other than to resettle, you will have to apply for the appropriate visa. ILR may also be revoked if you commit an offence that could lead to you being deported from the UK, or for reasons of national security. ILR for Tier 1 investor Tier 1 investor visa holders can become eligible for fast-tracked settlement where they make qualifying investments in the UK. Investment amount Qualifying period £2 million ILR after 5 years £5 million ILR after 3 years £10 million ILR after 2 years Applicants who do not meet the requirements for the accelerated route for indefinite leave to remain can submit an application for further leave at the end of their initial period of leave to enter or remain. Spouse visa to ILR Spouse visa holders become eligible to apply for indefinite leave to remain after two grants of leave as a spouse and where they meet the ILR requirements. This includes meeting the minimum income requirement of £18, 600 (rising with every child dependent), passing the Lifer in the UK test and satisfying the English language requirement, not having breached UK immigration rules and no immigration law in the UK or abroad has been broken As a spouse, you can apply to naturalise as a British citizen as soon as you are granted ILR. ILR after divorce If you are UK spouse visa holder, your UK immigration status will be affected if you divorce or your civil partnership is dissolved. You will be under a duty to notify the Home Office of the relationship breakdown and should you wish to remain in the UK, you will need to seek alternative route as you no longer meet the requirements of the spouse visa. Options could include applying for indefinite leave to remain as the parent of a British child or a child with either ILR or permanent residence, provided you can prove you have parental responsibility for the child, or applying for settlement under the long residence route if you have lived in the UK with lawful status for at least ten years. You may also consider retained rights of residence where you were married for at least 3 years to an EEA national who exercised their Treaty rights in the UK, and you have spent at least 12 months living in the UK. Alternatively, if you are a skilled worker and can find an employer to sponsor you, you may be able to apply for the Tier 2 visa. Indefinite leave to remain FAQs indefinite leave to remain faqs When can I apply for ILR? Generally, you can apply 28 days prior to the date you entered the UK, but if you entered the UK within 3 months of your visa being issued, you might be eligible to apply 28 days prior the issue date on the visa. I’m a Tier 2 visa holder – when can I apply for ILR? ILR is the primary route to settlement for non-EEAs on points-based visas such as the Tier 2 (General) visa where there is a 6-year cap and for Tier 1 visa holders to remove the requirement to have to apply for renewals ahead of each visa expiry. ILR is not however open to Tier 2 ICT holders. Is ILR the same as right of abode? The right of abode and ILR both grant to qualifying individuals the right to live in the UK free from immigration control and restrictions. However, the right of abode applies only to British citizens and qualifying Commonwealth nationals. How long is indefinite leave to remain valid for? Indefinite leave to remain is without time limit but can be lost if the holder is out of the UK for more than two years, for reasons of national security or if the holder is being deported following a conviction. I have criminal convictions, will this affect my application? Previous offences and convictions are likely to affect your application, although this does depend upon the type of conviction or offence. advise as to when a conviction will become spent and when it is possible to apply. I’m an EEA national and I’ve been in the UK for five years, can I apply for ILR? EEA nationals have until December 2020 to apply under the Settlement Scheme to confirm their lawful status in the UK. Do I need a biometric residence permit to prove ILR status? If you are successful in being granted ILR, you will be issued a biometric residence permit as evidence of your UK immigration status. If you are applying for a resident return visa after more than two years out of the country, the BRP can be used as proof of your former ILR status. Can you claim benefits with ILR? As you hold settled status in the UK, you are entitled to access public benefits. I don’t qualify yet for ILR, what are my options to extend my stay in the UK? If you do not yet qualify for ILR you may be able to extend your existing visa temporarily by applying for ‘further leave to remain’. This will depend on your current visa class. You must however make your application to extend your stay before your existing permission expires.
UK Settlement Indefinite Leave to Remain (ILR) is the term for British settlement or permanent residency. ILR status allows you to live and work in the UK without restrictions on the length of stay. It is the equivalent of the United States permanent residency/ green card. ILR residents may apply for UK citizenship after a period of continuous residence. Explained below are the various ways to obtain ILR status through a family member who is established in the UK or through EEA national status. EEA Nationals EEA aare eligible to settle in the UK without a permit. Family members of EEA and Swiss nationals are eligible to settle in the UK as well but require an EEA Family Permit to do so. You need an EEA Family Permit if you are a visa national or are coming to live with the EEA national in the UK permanently or on a long-term basis. Qualifying family members are: spouses or civil partners; children or grandchildren who are under 21 years of age or are dependent on you; and the parents or grandparents of you and your spouse or civil partner if they are dependent on you. Non-EEA Nationals Partners, dependent children, and adult dependents who are relatives of a British citizen, a person who is settled in the UK, or a person who has refugee leave or humanitarian status may be eligible to settle in the UK. The application process for settlement has recently changed. If you applied as a relative before July 8, 2012, the below information may not apply to you. To learn more about applications submitted before July 8, 2012, visit the UKVI site - partners, fiancé(e) and proposed civil partners. Indefinite Leave to Remain through Family Non-EEA & Non-Swiss Nationals Relationship Eligibility Requirements Form Partners * Your partner is a British citizen in the UK or present and settled in the UK; Your UK settled or citizen partner’s most recent permission to stay was under tiers 1, 2, or 5 points-based system; You do not individually qualify for settlement yet; You and your partner must be over the age of 18; You and your partner must have met in person; Any previous relationships must have been dissolved through divorce or death; If you are married or in a civil partnership, your marriage or civil partnership is valid in UK law; You and your partner intend to live together permanently in the UK; You meet the financial requirements; and You meet the English language requirement. VAF4A Fiancé(e) and proposed civil partners Your fiancé(e) or proposed civil partner is a British citizen in the UK or present and settled in the UK; You intend to get married or register your civil partnership within 6 months of your arrival in the UK, and settle here together afterwards; You must meet the financial requirements; and You must meet the English language requirement. VAF4 Children You are under 18 years old; and Both parents are settled in the UK or have been given permission to settle in the UK**. You cannot apply if: You are the child of a person who is settled in the UK or has British citizenship if their most recent permission to stay was under tiers 1, 2, or 5 of the points-based system; Your other parents does not yet qualify for settlement; and Your most recent permission to stay as a dependant under the points-based system was granted on or after July 9, 2012. Adult dependent relatives You are aged 18 or over; Your parent, grandparent, sibling; son or daughter is a British citizen or settled in the UK; You need long-term personal care to perform daily tasks; The care you need is not available in the country where you live or is not affordable to you; and Your sponsor can show that he or she is capable of caring for you physically and financially and promises to do so without relying on public funds for a period of 5 years. Parent of child in the UK*** Your child must be under the age of 18, living in the UK, and a British citizen or settled person; and You have sole responsibility for the child and the child normally lives with you; or If the parent or carer of the child is a British citizen or settled person, that person is not your partner, and you do not qualify for entry clearance as a partner. SET(O) *Partners include husband, wife, civil partner, unmarried or same-sex partner. Partners who applied before July 8, 2012 require a different process than the current one. ** Some exceptions apply: if one parent is dead; if the parent settled or settling in the UK has sole responsibility and custody of the child; or if there are serious reasons why the child needs to join the parent settling or settled in the UK. ***There are separate processes and requirements for this category depending if you are filing while in the UK or outside the UK.
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