Tier 2 Visa to Indefinite Leave to Remain – Settling in the UK
The great news for some Tier 2 Visa holders is that if you meet the requirements for Indefinite Leave to Remain (ILR), you can permanently settle in the UK.
Our specialist lawyers at MLC Immigration Lawyers are experts on this application route and can assist you with your application for permanent residency.
So what does ILR mean and what are the requirements?
Indefinite Leave to Remain status allows you to live and work in the UK without any time restrictions eventually leading to becoming naturalised as a British Citizen.
Achieving Indefinite leave to remain (ILR) means you will have permission to live in the UK without any time limit. As a holder of indefinite leave to remain status, you will be entitled to work in the UK as well as entitled to receive any state benefits that you qualify for.
Indefinite leave to remain is not the same thing as British citizenship. A person who holds Indefinite Leave to Remain retains their original nationality and they are not entitled, for example, to vote in General Elections unless they otherwise qualify for this by virtue of their nationality.
Once you hold indefinite leave to remain status, you are generally able to leave and return to the UK without restriction. However, if you leave the UK for over two years you may lose your indefinite leave to remain status.
Qualifying for Indefinite Leave to Remain
The exact requirements for how you might qualify for Indefinite Leave to Remain (ILR) depend on which Tier 2 visa you currently hold, but generally the ILR requirements can be summarised as:
- you have a Tier2 (Intra-Company Transfer, General, Sportsperson, Minister of Religion etc) visa
- you’ve been living and working in the UK for 5 years and spent no more than 180 days outside the UK in any 12 months (known as ‘continuous residence’)
- your employer (sponsor) still needs you for your job
- you get paid the relevant salary listed in the Codes of Practice
- If you’re 18 to 64 years old when you apply, you must also:
- pass the Life in the UK Test
- meet the English language requirements
To understand your exact situation and how you might meet the requirements for Indefinite Leave to Remain when switching from a Tier 2 Visa, contact MLC Immigration Lawyers today.
Mr Annik Chaudery, Director and Immigration Lawyer
0161 224 4224
“MLC have been my guardian angels”
MLC Immigration Lawyers Shermina and Aleksander teamed up to assist Chiko with securing her Indefinite Leave to Remain status. This is what Chiko had to say about our Five Star services:
When I first came here for help I couldn’t sleep – that’s how scared I was the Home Office were going to come through my door. But Shermina was so calm and reassuring that it instantly put my mind at ease and made me feel confident I could face that because I knew there would be somebody there to support me throughout. Because she was so organised and presented me with a list of what to do, I could focus on it and approach my matter bit by bit and not get overwhelmed by the stress.
At some point Shermina asked if we could involve Aleksander, who was indeed another kind of rainbow and was amazing as he was able to bring up again my happy side, could really understand what I was going to through – and at the same time his casework is brilliant.
Now I got my visa and I am really coming forward: it came through so quickly and I can finally get my job back and I am so happy I cannot even express it. MLC have been my guardian angels and this place for a while felt like my home, where I can come and know that I will get the best support.
MLC Immigration Layers is an award winning Immigration Law Firm with clients from across the UK and the globe.
For assistance with your immigration needs Contact Us on 0161 224 4224 or email on email@example.com
Importance of Getting Good Legal Advice
This week, the Guardian published this article on Albert Dolbec’s immigration case. Albert is a 90 year old man with the health conditions that inevitably come with this great age.
Albert’s case is also a prime example of why immigration advice should be taken in all situations whether coming for a visit visa, as the spouse of a British citizen or other.Hannah Wilkinson, Immigration Caseworker
Many third country nationals (anyone who is from a countryoutside the UK or EEA) enter the UK on visit visas and then mistakenly believe that they can remain in the UK by switching to another visa.
The whole purpose of UK Immigration issuing visit visas is on the basis that the Applicant will return to their home country upon the expiration of their visit visa. In almost all instances, a third country national is unable to remain in the UK after they enter on a visit visa.
Despite these rigid rules, in Albert’s case, he may not have sought immigration advice and entered the UK on a visit visa with the belief that he could then remain on a spouse visa. However, whilst this is not within the strict rules, Home Office staff do have within their powers the ability to grant leave to remain to individuals in these situations where there are ‘compelling compassionate grounds’.
The grounds can be satisfied where the individual can show ‘exceptional circumstances which mean that a refusal of entry clearance or leave to remain would result in unjustifiably harsh consequences for theapplicant or their family’.
Whilst this is a high bar, individuals have succeeded in satisfying these grounds in cases such as R (on the application of Sharma) v Secretary of State for the Home Department IJR  UKUT 00484 (IAC
In Albert’s case the Home Office are clearly taking a hard stance and making the bar for compelling compassionate factors that little bit higher. This is contrast Sajid Javid’s comments last Summer on wanting to make the immigration system ‘fairer, more compassionate’ and to use common sense.
MLC Immigration Lawyers regularly support clients in situations similar to Albert’s and we are highly skilled in making successful applications on compassionate grounds and outside the immigration rules. Situations such as these demonstrate the absolute need for individuals to seek immigration advice.
If you need some legal advice relating to an immigration matter contact MLC TODAY.