Indefinite Leave to Remain in the UK - Stricter Standards in the Offing

Recently, the British Home Secretary Shabana Mahmood announced that soon migrants will have to prove they are contributing to society to earn the right to remain in the UK. In her speech to the Labour conference, Mahmood proposed that legal migrants will have to learn English to a high standard, have a clean criminal record and volunteer in their community to be granted permanent settlement status.

Currently, in the United Kingdom, Indefinite Leave to Remain (ILR) grants individuals the right to live, work, and study in the UK without immigration restrictions.

Foundational Statute:

The rights associated with Indefinite Leave to Remain (ILR) in the United Kingdom primarily flow from the Immigration Act 1971, which is the foundational statute governing immigration control in the UK. This The Immigration Act 1971 is the cornerstone of UK immigration law and provides the legal basis for granting ILR. Specifically:

• Section 1(2) establishes that individuals with ILR (referred to as those who are "settled" in the UK) have the right to live in the UK without immigration restrictions.
• Section 3(1) allows the Secretary of State to grant leave to remain, including indefinite leave, to individuals who are not British citizens.

Eligibility for ILR:

The requirements for ILR in the UK vary depending on the immigration route or category under which an individual applies.

Qualifying Period of Continuous Residence:

Applicants must have lived in the UK lawfully for a specified period, typically:

• 5 years for most visa routes (e.g., Skilled Worker, family visas, etc.).
• 3 years for certain routes (e.g., spouses of British citizens under specific conditions or some Global Talent visa holders).
• 10 years for long residence (based on continuous lawful residence under any combination of visas).

Continuous residence means no single absence from the UK exceeding 180 days in any 12-month period during the qualifying period (with some exceptions for specific routes or compelling reasons, e.g., work-related travel or serious illness).

The time spent in the UK must be on a visa that permits counting toward ILR (e.g., Skilled Worker, Tier 2, Family Visa, etc.).Time spent on certain temporary permissions (e.g., as a visitor, student, or short-term worker) will not count toward ILR, except in specific cases like the 10-year long residence route.

Knowledge of Life in the UK:

Applicants must pass the Life in the UK Test, which assesses knowledge of British history, culture, and government.

English Language Proficiency:

Applicants must demonstrate proficiency in English at least at the B1 level (Common European Framework of Reference) through a recognized English language test or a degree taught in English or by being a national of a majority English-speaking country (e.g., USA, Canada, Australia).

Good Character Requirement:

Applicants must not have serious criminal convictions or behaviour that would deem them unsuitable for ILR (e.g., immigration fraud, terrorism-related activities).


Intention to Settle:

Applicants must demonstrate an intention to make the UK their permanent home.


Proposed Change:


To ensure people contribute to the economy and society before being able to settle in the UK, under the new model they will have to be lawfully resident in the UK for the minimum of 10 years, double the current period.  A person can earn a reduction in the number of years if they meet earnings or integration requirements, while those who have been non-compliant at any point will be required to wait longer – or have their claim refused outright.


Legal rights associated with ILR:


Right to Reside Permanently:

ILR holders can live in the UK without any time restrictions. They are free from immigration control and do not need to apply for visa extensions.

 
Right to Work:

ILR holders can work in the UK without restrictions in any sector, including public and private sectors. They may also be self-employed or start a business. There is no requirement for a work visa or employer sponsorship. Employers can hire ILR holders without needing to check visa status.

Right to Study:

ILR holders have unrestricted access to education in the UK, including:

• Attending schools, colleges, and universities.
• Eligibility for "home" student status for tuition fee purposes at UK universities (provided they meet residency requirements, typically three years of ordinary residence in the UK before the course starts).
• Access to student loans and grants, subject to the same eligibility criteria as British citizens.

Access to Public Services:

ILR holders have the same access to public services as British citizens, including:

• Free access to the National Health Service (NHS) without needing to pay the Immigration Health Surcharge.
• Access to state-funded schools and educational institutions.
• Ability to rent or purchase property without immigration-related restrictions.
• Eligibility to claim public funds (benefits) such as unemployment benefits, housing benefits, and child benefits, provided they meet the specific eligibility criteria (e.g., habitual residence test).

Unlike temporary visa holders, ILR holders are not subject to the "No Recourse to Public Funds" condition.

Right to Family Life:

ILR holders can sponsor family members (e.g., spouse, partner, or children) to join them in the UK, subject to meeting financial and accommodation requirements under UK immigration rules. They can live with their family in the UK without immigration restrictions on their family life.

Voting and Civic Participation:

ILR holders can vote in local elections in some regions if they are from qualifying Commonwealth countries or EU countries (subject to specific rules). However, ILR holders cannot vote in UK general elections or referendums, as this is reserved for British citizens and certain Commonwealth citizens. They can participate in civic life, such as joining community organisations or serving on public bodies, without immigration-related restrictions.

Protection from Deportation:

ILR holders are generally protected from deportation unless they commit serious crimes or pose a threat to national security.

Revocation of ILR:

If an ILR holder stays outside the UK for a continuous period of two years or more (or five years if granted ILR under the EU Settlement Scheme as "settled status"), the ILR may be revoked. The Home Office can also revoke ILR in cases of:

• Serious criminal convictions leading to deportation proceedings; or
• Fraud or misrepresentation in obtaining ILR.

Path to British Citizenship:

ILR is a prerequisite for applying for British citizenship through naturalisation. After holding ILR for at least 12 months (or immediately if married to a British citizen), individuals may apply for citizenship, provided they meet additional requirements such as:

• Passing the Life in the UK test.
• Meeting the good character requirement.
• Demonstrating English language proficiency.
• Fulfilling residency requirements (e.g., not being absent from the UK for more than 450 days in the last five years, or 90 days in the last year).

Comparison with EU Settlement Scheme:

EU, EEA, and Swiss citizens (and their family members) who were granted settled status under the EU Settlement Scheme have ILR. Their rights are largely the same as other ILR holders, except in the following respects:

• Their status is managed digitally (no physical BRP is issued).
• The absence rule for maintaining settled status is five years (instead of two for other ILR holders).
• They may face additional checks when proving status to employers or landlords due to the digital nature of their status.