Settlement/Indefinite Leave to Remain in the United Kingdom
Barar & Associates is happy to provide some useful information for people with or seeking settlement/indefinite leave to remain in the United Kingdom.
Indefinite Leave to Remain (ILR) or Indefinite Leave to Enter (ILE)
Individuals who possess (ILR) or (ILE), have no time limit on their ability to remain in the United Kingdom and if their home is in the United Kingdom, they are considered to be settled in the UK.
Furthermore, an individual who does not have a physical document confirming their ILR or ILE but believe they possessed the aforementioned, can apply for a No Time Limit (NTL) in order to receive a Biometric Residence Permit card (BRP).
Individuals can be eligible for NTL, for example, in the situations below:
- lost their BRP or lost their old passport, which contained an ILR/ILE vignette
- passport retained by the authorities when the passport was renewed,
- identity such as name or gender has been changed since being granted ILR/ILE.
Settled Status under the EU settlement scheme
Individuals granted settled status under the EU settlement scheme do not get a physical document unless they are from outside the EU, EEA or Switzerland and do not have a BRP. If a physical document is not issued, the status can be checked online and proved via a link sent by the Home Office.
Biometric Residence Permit card (BRP)
BRP of individuals described above normally confirms that they have either ILR, ILE or NTL and lasts for up to 10 years.
The BPR is normally renewed by lodging the relevant application to the Home Office. It is advisable to submit the application 3 months before expiry of the current BRP.
Additionally, if any details on the BRP have changed such as the name or gender, or facial appearance (significantly), or if the BRP was stolen or lost, the relevant application must be submitted to the Home Office.
The abovementioned individuals have no restriction on employment i.e. they are free to work in the United Kingdom in any profession including being self-employed. The same applies to studying in the United Kingdom.
Furthermore, access to healthcare is generally free of charge for a person with ILR, ILE, NTL or settled status. Please follow the link for further information: https://www.gov.uk/guidance/nhs-entitlements-migrant-health-guide
Travelling abroad (outside the UK) and other conditions
It is always necessary to take the BRP when an individual travels abroad, otherwise they may be refused entry to the United Kingdom upon their return.
Individuals, who stay abroad (outside the United Kingdom, Ireland or the Crown Dependencies), for at least 2 years, will automatically lose their ILR, ILE or NTL. However, individuals who have settled status under the EU settlement scheme, will automatically lose their status after 5 years rather than 2 years. In these circumstances, individuals need to apply for entry clearance as a returning resident before returning to the United Kingdom.
Moreover, it should also be noted that ILR or ILE can be taken away by the relevant UK authorities. For example, if an individual is deported from the United Kingdom, ILR or ILE will be invalidated. For example, this may happen if ILR or ILE is obtained by deception.
Lastly, individuals can apply for British citizenship after at least 12 months of being granted ILR or settled status.
Should you wish to discuss your immigration matter please do not hesitate to contact our professional team of immigration solicitors at barar.london@bararassociates.co.uk or call us at 020 7487 8370. You can access more information about us via https://bararassociates.com/.
