Indefinite leave to remain
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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 his 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.
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[edit] Benefits of indefinite leave to remain
[edit] Naturalisation and registration
Holders of indefinite leave to remain may apply for naturalisation as a British citizen after 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.
If married to 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.
[edit] 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 get British citizenship from the father. 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.
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).
[edit] 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 excercise 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.
[edit] 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.
[edit] 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.
[edit] 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.
