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Indefinite leave to remain (ILR) is an immigration status granted to a person who does not hold right of abode in the United Kingdom, but who has been admitted to the UK without any time limit on their stay and who is free to take up employment or study, without restriction. When indefinite leave is granted to persons outside the United Kingdom it is known as indefinite leave to enter (ILE).
A person who has indefinite leave to remain, Right of abode, or is an Irish citizen, has settled status if resident in the United Kingdom.
Settled status is central to British nationality law, as the most usual route to naturalisation or registration as a British citizen requires that the applicant be settled in the UK. Settled status is also important where a child of non-British citizen parents is born in the UK, as unless at least one parent has settled status the child will not automatically be a British citizen.
| British & Commonwealth citizenship |
|---|
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| Commonwealth nationality laws |
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British (history) Australian Barbadian Canadian (history) Indian Malaysian Maltese New Zealand Singaporean South African Irish citizens in the UK |
| Classes of citizens and subjects |
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British citizen British subject British Overseas Territories citizen British Overseas citizen British National (Overseas) British protected person Commonwealth citizen |
| Rights and visas |
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Right of abode Indefinite leave to remain Permanent resident (Australia) Permanent resident (Canada) Belonger status UK Ancestry Entry Clearance |
| Acts |
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Ireland Act 1949 British Nationality Act 1981 Falkland Islands (1983) Overseas Territories Act 2002 Canadian Citizenship Act 1946 |
Benefits of indefinite leave to remain
Naturalisation and registration
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Indefinite Leave to Remain Permit
Holders of indefinite leave to remain may apply for naturalisation as a British citizen after at least five years' residence in the United Kingdom, provided that they have held ILR for at least one year. Those who hold another form of British nationality may instead apply for registration which is a simpler process than naturalisation.
Due to the fact that in most situations ILR is only granted after five years in the United Kingdom, and a further 12 months residence with ILR is required for naturalisation, the effective waiting time for naturalisation is six years in most instances.
If married to, or in a civil partnership with, a British citizen the residence period for naturalisation is three years and there is no minimum period required for ILR to be held. There is no similar concession for registration, although British nationals (other than British citizens) may choose to apply for naturalisation instead.
Birth in the United Kingdom
A child born in the United Kingdom after 1983 to persons who are not British citizens will automatically be a British citizen if at least one of its parents has indefinite leave to remain or other settled status at the time of the child's birth.Prior to 1 July 2006, only a legitimate child (born to parents who are married to each other) could automatically derive British citizenship from the father, if the father was a British citizen or "settled" in the United Kingdom. However, if the parents are not married when the child is born in the United Kingdom, but then get married, and the marriage legitimates the child, then if the father was a British citizen or "settled" in the UK when the child was born, the child would become a British citizen and would be regarded as having been one from the date of marriage. This only affects children where the mother is neither a British citizen nor "settled" in the UK.
For children born on 1 July 2006, an unmarried father has broadly equivalent rights (compared to a married father) to pass on British citizenship to a child.
Where a child would be a British citizen but for the fact that the parents are not married, the Home Office will usually register the child as a British citizen under section 3(1) of the British Nationality Act, provided the child is still under 18.
If ILR is acquired after the child's birth, the child will not automatically be a British citizen. However the child can be registered as a British citizen under s1(3) of the British Nationality Act 1981 provided application is made before the age of 18. Alternatively, if the child lives in the UK until age 10, it will have a lifetime entitlement to registration as a British citizen under s1(4) of the Act.
Children born in the United Kingdom before 1983 are British citizens regardless of the immigration status of their parents (unless the father was at the time of the child's birth a diplomat accredited to the United Kingdom).
Citizens of EEA member states
Citizens of countries in the European Economic Area (other than British and Irish citizens) and Swiss citizens who come to the UK to live or work may do so without restriction, but strictly speaking do not receive indefinite leave to remain until after five years residence in the United Kingdom exercising Treaty rights.Under the law as it existed between 2 October 2000 and 29 April 2006, a citizen of an EEA state or Switzerland could be granted permanent residence on application after four years resident in the United Kingdom exercising Treaty rights (five years from 3 April 2006). Prior to 2 October 2000, citizens of EEA states were deemed to be permanent residents immediately upon taking up residence in the UK to exercise Treaty rights.
The change in the law in 2000 was retrospective. Hence, for example, a German citizen who arrived to work in the UK on 1 July 1986 would have been treated as a permanent resident between that date and 1 October 2000. From 2 October 2000 his status reverted to a temporary resident if an application for ILR was not made. And on 30 April 2006, with 5 years residence exercising Treaty rights accrued, he would have regained permanent resident status.
Immigration rule changes - HC 1016
Effective 3 April 2006, the period of time required to obtain Indefinite Leave to Remain increases to five years. Details These changes were debated in House of Commons Standing Committee on 20 June 2006. All Labour MPs voted for preserving the retroactive aspect of the changes, while all other MPs voted that the Government should bring in transitional arrangements to allow those already in the UK before the rule change to qualify under the previous four-year rule. These changes were protested in demonstrations and rallies in London on 16 June and 23 July 2006.The changes were retroactive in the sense that people on a four-year visas must apply for a one-year extension before they can apply for ILR, but they did not affect people who had already been granted ILR after four years.
Immigration rule changes - HC398
As from 3 April 2007, a new condition has been added that "the applicant has sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, unless he is under the age of 18 or aged 65 or over at the time he makes his application." (See [1] )There are two ways the applicant can meet this condition:
- by passing a test called the "Life in the UK Test". The test is taken on a computer at one of the 100 or so Life in the UK Test centres in the UK. It consists of 24 questions based on the information contained in the handbook "Life in the United Kingdom: A Journey to Citizenship" (2nd Edition) and requires a language ability the equivalent of ESOL Entry 3.
- by attending an English for Speakers of Other Languages (ESOL) course which includes citizenship materials, and progressing from one ESOL level to the next. It is stated that on average students require between 200 and 450 hours of tuition for each ESOL level.
Loss of indefinite leave to remain
ILR may be lost if a person leaves the United Kingdom and on return is given leave to enter other than for an indefinite period. This may be because, e.g., they mistakenly seek to enter as a visitor, or the immigration officer believes that they do not intend to reside in the United Kingdom.ILR may also be curtailed by the Home Secretary for reasons of national security or if the holder of the ILR commits an offense that could lead to their Deportation from the United Kingdom
A person may also lose ILR by leaving the United Kingdom for more than two years. However, in some circumstances such a person may reapply for indefinite leave to enter the UK.
British Overseas citizens, British subjects and British protected persons do not lose ILR no matter how long they stay outside the UK.
Pop Cultural References
"Indefinite Leave to Remain" is also the title of a song by the British group the Pet Shop Boys, and appears on the album Fundamental. The song uses the idiom of immigration as the basis of a love song, keeping with the theme of the politics of artificial fear that dominates the album.See also
- Voice of Britain's Skilled Immigrants
- British nationality law
- Right of abode
- Permanent residency
- UK Ancestry Entry Clearance
Right of Abode is a status under United Kingdom immigration laws that gives an unrestricted right to live in the United Kingdom. It was introduced by the Immigration Act 1971.
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British citizens
All British citizens have the Right of Abode in the United Kingdom...... Click the link for more information.
Motto
"Dieu et mon droit" [2] (French)
"God and my right"
Anthem
"God Save the Queen" [3]
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"Dieu et mon droit" [2] (French)
"God and my right"
Anthem
"God Save the Queen" [3]
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Employment is a contract between two parties, one being the employer and the other being the employee. An employee may be defined as: "A person in the service of another under any contract of hire, express or implied, oral or written, where the employer has
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The right of abode refers to an individual's freedom from immigration control in a particular country. A person who has the right of abode in a country does not need permission from the government to enter the country and can live and work there without restriction.
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Anthem
Amhrán na bhFiann
The Soldier's Song
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Amhrán na bhFiann
The Soldier's Song
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British nationality law is the law of the United Kingdom concerning British citizenship and other categories of British nationality. The law is complex due to the United Kingdom's former status as an imperial power.
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naturalization refers to an act whereby a person acquires a citizenship different from that person's citizenship at birth. Naturalization is most commonly associated with economic migrants or refugees who have immigrated to a country and resided there as aliens, and who have
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British nationality law is the law of the United Kingdom concerning British citizenship and other categories of British nationality. The law is complex due to the United Kingdom's former status as an imperial power.
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British nationality law is the law of the United Kingdom concerning British citizenship and other categories of British nationality. The law is complex due to the United Kingdom's former status as an imperial power.
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This article concerns the History of British nationality law.
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Early British nationality law
British nationality law has its origins in mediæval times. There has always been a distinction in English law between the subjects of the monarch and aliens: the monarch's subjects..... Click the link for more information.
Australian citizenship was created on 26 January 1949 by the Nationality and Citizenship Act 1948 (later renamed the Australian Citizenship Act 1948). However, Australian citizens continued to be British subjects and other British subjects in Australia had a different
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Barbados achieved independence from the United Kingdom in 1966 as a commonwealth with HM the Queen Elizabeth II remaining the head of state. However, the entire role and responsibility of the Queen is vested in the Governor-General of Barbados.
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Canadian citizenship may be granted to any person by the Governor General, on the advice of the Cabinet,[1] however it is typically obtained by birth in Canada (other than as a child of a foreign diplomat), by birth abroad, when at least one parent is a Canadian
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Canada was the second nation in the then British Commonwealth to establish its own nationality law in 1946, with the enactment of the Canadian Citizenship Act 1946. This took effect on 1 January 1947
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Indian citizenship/nationality law: The Constitution of India provides for a single citizenship for the entire country. The provisions relating to citizenship at the commencement of the Constitution are contained in Articles 5 to 11 in Part II of the Constitution of India.
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Malaysia Citizenship Rules 1964.
The criteria to be a Malaysian citizen are
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Requirements
The criteria to be a Malaysian citizen are
- every person born before Malaysia Day who is a citizen of the Malaysia by virtue of these provisions
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Maltese nationality law is based primarily on the principles of Jus sanguinis, although prior to 1 August 1989 the principle of Jus soli was the basis of the law.
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New Zealand citizenship was created on 1 January, 1949, by the British Nationality and New Zealand Citizenship Act 1948. Prior to this date New Zealanders were British subjects and New Zealand had the same nationality legislation as the United Kingdom and other
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Singaporean nationality law is derived from the Constitution of Singapore and is based on jus sanguinis and a modified form of jus soli. There are four ways of acquiring Singaporean citizenship: by birth, by descent, by registration or by naturalisation.
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This article concerns British nationality law in respect of citizens of the Republic of Ireland.
When the Irish Free State (known in the United Kingdom as "Éire" between 1937 and 1949) ceased to be part of the United Kingdom in 1922, no specific problem of
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When the Irish Free State (known in the United Kingdom as "Éire" between 1937 and 1949) ceased to be part of the United Kingdom in 1922, no specific problem of
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British nationality law is the law of the United Kingdom concerning British citizenship and other categories of British nationality. The law is complex due to the United Kingdom's former status as an imperial power.
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In British nationality law, the term British subject has at different times had different meanings. The current definition of the term British subject is contained in the British Nationality Act 1981.
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The status of British Overseas Territories citizen relates to persons holding British nationality by virtue of a connection with a British Overseas Territory
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British Nationality Act 1981
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In British nationality law, the status of British Overseas citizen (BOC) is one of several categories of British national.
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British Nationality Act 1981
The British Nationality Act 1981 came into force on 1 January 1983, and divided Citizens of the United Kingdom and..... Click the link for more information.
British nationality law as it pertains to Hong Kong has been a unique situation ever since it was created a British colony in 1842. With its beginning as a trading port to today's cosmopolitan international financial centre, the territory has attracted refugees, immigrants
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The status of British protected person (BPP) is a status held by certain persons under the British Nationality Act 1981. It is not traditionally considered a form of British nationality - as British protected persons are not Commonwealth citizens in British nationality law, they
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A Commonwealth citizen, formerly known as a British subject, is generally a person who is a national of any country within the Commonwealth of Nations.
In British nationality law, a Commonwealth citizen is a person who is either a British citizen, British Overseas
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In British nationality law, a Commonwealth citizen is a person who is either a British citizen, British Overseas
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Right of Abode is a status under United Kingdom immigration laws that gives an unrestricted right to live in the United Kingdom. It was introduced by the Immigration Act 1971.
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British citizens
All British citizens have the Right of Abode in the United Kingdom...... Click the link for more information.
Australian permanent residents are residents of Australia who hold permanent residency visas but are not citizens of the Commonwealth of Australia.
Holders of permanent residency visas may remain in Australia indefinitely.
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Holders of permanent residency visas may remain in Australia indefinitely.
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