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| Indefinite Leave To Remain (Permanent Residency) |
| For Advice Call 08712886930 |
Orchid of Siam are authorised to provide immigration advice and services by the Immigration Services Commissioner Ref. No. F200500016. Members of the Immigration Law Practitioners' Association.
The information supplied is for guidance only and is subject to sudden and frequent change without notice as the UKBA updates its policies and procedures. We cannot accept responsibility should you rely only on the information displayed on this page when making an application independently. Our clients will be dealt with under the prevailing rules at the time of application which may not be the same as shown on this page.
Permanent UK Residency is officially called Indefinite Leave To Remain (ILR)
For a married partner or civil partner they must have been living together in the UK for two years after the registration of the marriage or partnership in the UK.
For a married partner who entered the UK as the already married spouse of a British citizen they must have lived in the UK for a full two years but can holiday abroad during this time. This is an important point as very often people are given a visa valid for two years from the date of issue by the Embassy and they then delay, say, six weeks before travelling to the UK.
This means that they cannot complete a full two years residency in order to apply for ILR and must apply for further leave to remain in order to bring them up to the full two years. This is expensive.
It is always best to plan the journey to the UK and request on the application form for the visa that a date is given as the Embassy can forward date a visa by up to three months. A grace period of no more than 28 days is allowed between the issue of a visa and the date of entry to the UK in order not to have to apply for further leave to remain before an ILR application can be made. However as from 22nd July 2008 visas are issued with a validity of 27 months to allow people time to plan their journey to the UK and still be able to complete a full 24 months residency without having to apply and pay for further leave to remain in order to complete the two years requirement.
Any children under 18 years of age on the date the application is submitted to the UKBA can be included in the application of a parent.
Proof that you have been living together for the last two years will be required and this includes official letters or documentation sent to your address in your joint or single names, utility bills, telephone bills etc. Normally at least six items from at least three different sources covering the two years will be required.
Additionally proof that the applicant can either support themselves or that their British partner can do so without recourse to public funds. It is acceptable if the British partner is claiming public funds in his right only.
In order to apply for ILR the applicant will need to have either passed The Life in the UK test or have attended an approved course of English for speakers of other languages (ESOL) with the required Citizenship content. If your English ability has been assessed as Entry Level 3 or higher you must pass the test, only people whose English is below this standard can apply based on having completed a course. The tests are organised by Learn Direct who can also supply details of educational institutes running courses in your area. They can be contacted on 0800100900.
If the applicant has not passed the test or attended a course and received a letter from the school they cannot apply for ILR and must apply for further leave to remain in order to stay in the UK. This leave is at the discretion of the UKBA but will be for up to two years. This further leave costs £465.00 for a postal application or £665.00 for one made in person; in both cases an additional £50 for each dependant is made.
Once granted permanent residence it can be revoked if you spend over two years outside the UK or if you regularly stay in the UK for only a short period. It is therefore best to apply to become a British Citizen one year after ILR has been granted.
On receiving the ILR vignette in the passport people are often surprised to see an 'Expiry Date' on it. This is not the date of expiry of the ILR but the date of expiry of the passport. ILR can be transferred to a new passport. The current machinery in use by UKBA does not permit a vignette to be produced without an expiry date and you should not be concerned about this anomaly. Your ILR does not expire.
UKBA are in the process of replacing a vignette in the passport with an ID card stating the immigration status of the holder along with a photograph and biometrics held in a chip. If you hold an ID card you MUST carry it with you if you travel abroad together with your passport as it is the only evidence of your right to re-enter the UK.
It can also be applied for after 10 years lawful stay in the UK or after 14 years lawful or unlawful continuous residency.
The UKBA can take up to 14 weeks to process a postal application and if the applicant needs to request their passport back the application will be treated as withdrawn and no refund of the fee will be made. This can sometimes mean that the applicants current leave to remain expires and they will have to make an entirely fresh UK visa application. Leave to remain beyond the date shown in the passport is automatically given whilst the UKBA processes the application for ILR.
It is important to note that an ILR application MUST be made NO earlier than 28 days before the 2 years leave expires. Otherwise the application will fail and the fees are not refunded. Similarly an application received after the two years has expired will also fail with the loss of the fee and an entirely new visa application will need to be made overseas, normally in the home country of the applicant. The applicant is then illegaly in the UK and may be deported.
The current fees for an ILR application as from April 2009 are £820.00 for a postal application or £1020.00 for a personal application; an additional £50 for each dependant is payable in both cases.
We offer an ILR application service for a fee of £175.00 for all applications (except those for the 10 and 14 year category for which a quote will be given when we have collected all the information required but it is likely to be in the region of £500.00.)
The standard fee may be paid online using any of the major debit or credit cards by clicking on the Visa/Mastercard logo button on our 'Fees Scale & Online Payments' page or by cheque or postal order to the address below. Please also E-mail us with your full name, nationality of the applicant and your telephone numbers in order that we can contact you.
Please note:
The Borders, Citizenship and Immigration Act (Chapter 11) received Royal Assent on 21st July 2009. In addition to making changes to Customs and Passport control arrangements changes to the path to British Citizenship have been introduced which will become effective in July 2011 two years after the Act was passed. It is intended that indefinite leave to remain in the UK will be replaced by a probationary citizenship category of leave to remain.
Briefly these changes are that:
The applicant must have been in the UK at the start of the qualifying period.
The applicant must not have been absent from the UK for more than 90 days in each year of the qualifying period.
The applicant must have had qualifying immigration status for the whole of the qualifying period without a break.
On the date of application the applicant must have either probationary citizenship leave, permanent residency, a qualifying common travel area entitlement, a Commonwealth right of abode or a permanent EEA entitlement to remain in the UK.
An applicant who on the date of application has probationary citizenship status granted for the purposes of employment within the UK and has been in continuous employment since the granting of this leave.
An applicant must not at any time in the qualifying period have been in the UK in breach of the immigration laws.
For people with a relevant family association to a British national (for example the wife of a British national) the qualifying period before Citizenship can be applied for is raised from three to five years.
For people with no relevant family association the qualifying period is eight years.
For both the above categories it is possible to reduce the qualifying period by as much as two years if voluntary community work that is approved has been undertaken (this is known as the activity condition.)
All applicants will be required to be of good character.
All applicants must have sufficient knowledge of English, Welsh or Scottish Gaelic.
All applicants must have sufficient knowledge of life in the UK.
All applicants must intend to make the UK their homeland.
The Secretary of State will have some powers of discretion in deciding Citizenship applications.
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