Prepare to apply for Indefinite Leave to Remain in the United States (ILR)

 What exactly is Indefinite Leave to Remain? (ILR)

Persons who have "settled" in the UK are allowed to stay in the country indefinitely. If you are a UK resident, you have "settled" status if you:

Possess the right of abode (e.g. are a British Citizen)

Are you an Irish national?

Have Indefinite Leave to Remain in the U.S.

Indefinite Leave to Remain (ILR) is an immigration status that allows persons to reside in the UK indefinitely, just like British and Irish citizens. People who have "settled" in the UK are allowed to work or study without restriction.

"Leave" denotes "permission" in this context; hence, "leave to remain" is your "license to remain" in the UK. "Indefinite" means without a temporal limit, therefore the ILR allows you to stay (and re-enter) the UK indefinitely.

If indefinite leave is given to someone outside the UK (for example, if you apply from outside the country), it is known as an Indefinite Leave to Enter (ILE); that is, you have permission to enter (and remain in) the UK indefinitely.

The ILE works in the same way as an ILR does.

Many people compare the ILR to having Permanent Resident / "Green Card" status in other nations. It is a prevalent misperception that permanent residency is an irrevocable (permanent) entitlement.

This is not the case. All countries, including the United Kingdom, impose obligations on permanent residents and ILR holders. Those who fail to meet these requirements will lose their permanent residency / ILR status.

The ILR can be revoked in a variety of ways, including 1

It may expire if the holder has been absent from the UK for two years and one day or more (or five years and one day or more if granted as part of the EU Settlement Scheme)

It can be withdrawn if the holder has stayed outside the UK within the aforementioned time restrictions but returns without a genuine intention to live in the nation (i.e. returning for a short period just to prevent the ILR from lapsing)

It can be canceled in the name of national security.

If the ILR was gained through fraud, it can be revoked.

Preparation is required.

Unlike the Tier 2 (General) visa application, which requires the submission of a lengthy list of documents that can be gathered in a short period of time, we found the ILR application to be very different in that, while the requirements are simpler, they must be worked on continuously over the five years leading up to the date.

The company I was working for at the time also only provided financial sponsorship for Tier 2 applications, not ILRs, so this was an expense we had to bear on our own.

During our Tier 2 application, the company first hired a firm to assist us with the immigration procedure; however, this is not an option for ILR petitions.

We had to either hire and pay for an immigration lawyer ourselves, or conduct our own study and go through the process without any paid outside assistance.

We knew from the start that we intended to make the UK our home, so as soon as we acquired our Tier 2 (General) visa, we began familiarizing ourselves with the documentation and financial requirements for applying for an ILR.

Given this, and the fact that we thought our application was simple, we were sure that we could execute it without the financial assistance of an outside agency.

Applying for and receiving a UK ILR is an important step in your and your family's immigration journey. Given the importance of your application, the short window of opportunity you have, and the significant fees involved, it is vital that you give yourself enough time to prepare.