What are the benefits of getting indefinite leave to remain in the UK?
Posted: Wed Mar 20, 2019 12:01 pm
What is the best scope of getting ILR in the UK?
Re: What are the benefits of getting indefinite leave to remain in the UK?
Posted: Wed Mar 27, 2019 4:49 am
There are two fundamental categories of leave to enter or remain the UK: the first is limited leave, which is where expiry date is provided on a visa and the time that the holder is called to reside in the UK is given an end date. The holder may also subject to certain rules and conditions, such as restrictions on where they can work, what company they can work for, what type of occupation they may be appointed, or if they can work at all. They may also be subject to ongoing checks from employers and landlords, to ensure that their visas are still valid. Although separately may be granted a significant period of time, they will still have to renew their visa prior to, or upon expiry (which in itself, is subject to specified conditions). They may also have their leave shrunk or revoked for non-compliance with Immigration Rules, leading to their administrative removal from the UK and potentially prevented from future re-entry.
In contrast, indefinite leave entitles the holder to an ongoing entitlement to reside in the UK, but that does not mean that it is permanent: there are circumstances under which that leave can be lost, or revoked by the Home Office (see my other answer: Cathy Gardner's answer to Under which circumstances in the U.K. could ILR be revoked?). To be granted Indefinite Leave to Remain (ILR, or Indefinite Leave to Enter, ILE) in the UK generally requires adherence and consideration under the Immigration Rules, with prescribed periods of unbroken residence and compliance with the law. There are categories that allow indefinite leave to be granted outside the Immigration Rules, but these are reserved for exceptional cases. The benefits of indefinite leave mean that the individual loses the restrictions of limited leave, which include restrictions on work, single checks by employers and no further requirements to obtain visas. It also means that it is more difficult to remove the individual from the UK.