Indefinite leave to remain
From Free net encyclopedia
Image:Uk permanent residence.jpg Indefinite leave to remain (ILR), is an immigration status granted to a person who does not hold right of abode in the United Kingdom, but who has been admitted to the UK without any time limit on his stay and who is free to take up employment or study, without restriction. 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, Right of Abode, or is an Irish citizen, has settled status if resident in the United Kingdom.
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.
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Benefits of indefinite leave to remain
Naturalisation and registration
Holders of indefinite leave to remain may apply for naturalisation as a British citizen after five years' residence in the United Kingdom, provided that they have held ILR for at least one year. Those who hold another form of British nationality may instead apply for registration which is a simpler process than naturalisation.
If married to a British citizen the residence period for naturalisation is three years and there is no minimum period required for ILR to be held. There is no similar concession for registration, although British nationals (other than British citizens) may choose to apply for naturalisation instead.
Birth in the United Kingdom
A child born in the United Kingdom after 1983 to persons who are not British citizens will automatically be a British citizen if at least one of its parents has indefinite leave to remain or other settled status at the time of the child's birth.
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).
Citizens of EEA member states
Citizens of countries in the European Economic Area (other than British and Irish citizens) and Swiss citizens who come to the UK to live or work may do so without restriction, but strictly speaking do not receive indefinite leave to remain.
A citizen of EEA member state and Switzerland may obtain indefinite leave to remain if he has held a residence permit valid for five years, and is and has for the previous four years been in employment or self-supporting in the United Kingdom. Indefinite leave to remain is granted by endorsing the residence permit accordingly. The permit itself does not have to be obtained on first arrival in the UK.
Effective 3 April 2006, the period of time required to obtain Indefinite Leave to Remain increases to five years. Details
Loss of indefinite leave to remain
A person may 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 and other British nationals without right of abode who have UK passports do not lose ILR no matter how long they stay outside the UK.