Routes to Indefinite Leave to Remain – Know your Status
The current terms under which a person may qualify for Indefinite Leave to Remain vary depending on their individual circumstances and the terms under which they first legally entered the UK. However, a baseline minimum of five years does apply in the majority of cases.
For Tier 1 Investor and Entrepreneur visa holders the qualifying period is determined according to the level of their investment and/or nature of their business activity, although it may in some circumstances be as low as two years. This timescale is, however, the exception rather than the rule.
Language and Knowledge Tests
In addition to being aware of the specific qualification criteria that apply to their initial visitor visa category applicants for ILR must also show that they can communicate in English and they must also be able to demonstrate knowledge about the life and culture of the UK. This is established by means of a formal ‘Life in the UK’ test. Anyone able to communicate in a native British language other than English (Welsh, Scottish Gaelic, British Sign Language) is advised to seek specialist professional advice before making a formal application. The legal status of each of these languages is on different terms, however established ILR specifically requires competence in English.
Although a successful application for ILR will establish a right to stay in the UK indefinitely the standard advice for anyone holding ILR not to spend more than two years outside the UK. Taking this amount of time outside the country may lead the revocation of their ILR status.
Brexit Will Not Affect ILR
With immigration – in general terms at least – having been such a key aspect of the Brexit vote it is widely anticipated that changes to the UK’s terms of settlement will be enacted. However, ILR will not be directly affected. The terms under which ILR may be achieved will remain as they were prior to the Brexit vote.
YDVISAS specialise in all visa categories and are specialist immigration lawyers in the UK. Please contact the expert team at YDVISAS, should you need any professional help with your visa application.