“Does Indefinite Leave to Remain end?” sounds a bit of a daft question. After all most of us think that indefinite means without end. However, the dictionary definition of indefinite is “not exact or not clear; without clear limits” and the synonyms of indefinite are “vague, uncertain and unclear”. That is not exactly comforting if you are a non-EEA national who wants to secure permanent residence in the UK.
How can OTS Solicitors help?
• Give permanent Immigration status – it only indefinite status and although that means the Immigration status is not time limited, it does not necessarily provide complete security;
• Allow a migrant to leave the UK for more than two years without losing their Indefinite Leave to Remain status;
• Allow a migrant to obtain a British passport;
• Enable a migrant to vote in British elections.
• Remain in the UK without having to make repeat visa applications to UK Visas and Immigration with all the hassle, paperwork and fees that repeat visa applications involve;
• Apply for naturalisation as a British citizen after they have held Indefinite Leave to Remain status for at least one year and meet the other British Citizenship criteria. If a non-EEA citizen is married (or in a civil partnership) to a British citizen or to a person with Settled Status, the one-year rule requirement for holding Indefinite Leave to Remain does not apply.
• There is more than two years absence from the UK;
• If a criminal offence is committed that could lead to deportation from the UK;
• For reasons of UK national security;
• The Home Office is satisfied that the Indefinite Leave to Remain status was secured either by deception or by false documentation.
The most common basis for the loss of Indefinite Leave to Remain
is an absence from the UK of two years or longer. In order to remain eligible for Indefinite Leave to Remain
in the UK, a migrant has to be ordinarily resident in the UK. The UK Visas and Immigration
classes anyone who has not lived in the UK for two or more years as not “ordinarily resident” in the UK.
If a non-EEA
migrant wants to leave the UK for two or more years but wants to retain the right to live and work in the UK then the best option may be to apply for British Citizenship
. A British Citizenship
can leave the UK and will retain their right to return and their status as a British Citizenship
however long they are absent from the UK for. It is sensible to take legal advice on applying for naturalisation
as a British citizen to ensure that this is the best route to follow. For example, a migrant may not want to lose their nationality of birth by acquiring British Citizenship
or may not be aware of the potential option of dual nationality.
How can OTS Solicitors help?
OTS Solicitors are Legal 500 recommended Immigration
law specialists. OTS Solicitors have Law Society accredited solicitors status as trusted specialists in Immigration
For advice on applying for indefinite leave to remain or for help with the loss of indefinite leave to remain or to apply for British citizenship please call us on 0203 959 9123 to arrange an appointment to speak to one of our experienced London immigration solicitors who will be happy to help.