Indefinite Leave to Remain (ILR) or extension? Common reasons for delaying ILR

By 1st 4Immigration - #1 UK Immigration Experts -

Of course everyone would like an ILR! The aim of this post is to point out most common reasons for delaying applying for an IRL because of the circumstances or not meeting the requirements (or thinking so):

 

Reason 1 and most common: driving offences. We are not using a word ‘criminality’ as the Rules because it usually tend to be specifically driving offences: drink-driving (most common by far!), driving without insurance and related. These offences are not considered minor, even though they usually end up with a fine. They therefore prevent a migrant from applying for an ILR for 2 years since the date of conviction.

 

Reason 2: fines. This is a part of a criminality rule but we’d like to explain the difference between a fine and fixed penalty notice (FPN). An FPN is not an offence and does not form a part of one’s criminal record. If you pay it on time then the matter does not go to court and FPN remains an FPN. Most common examples of receiving an FPN are speeding and parking in the wrong place. However, if you don’t pay an FPN, or decide to dispute it, then the matter goes to court and if found guilty, an FPN becomes a fine. Anything with a word ‘fine’ is included in one’s criminal record and therefore, prevents from an ILR for 2 years.

 

Reason 3: absences. A countless number of migrants leave the UK to take up a lucrative job in the Middle East, Asia, the USA, and Australia. They would still prefer to have a UK visa, for the future. Here we have no problems with extensions usually, such as another Tier 1 General or FLR(M). However, ILR rules have strict absences limits and generally, the point of an ILR is that it is based on a number of years spent in the UK (as well as other conditions).

Remember that spouses and partners of British citizens do not have strict limits on absences and each case is considered on an individual basis, so your case may not be as hopeless as you think (or may be, sadly).

 

Reason 4: Life in the UK Test. Everyone has to pass it unless exempt because of age or illness. It includes nationals of Commonwealth countries and English-speaking countries. So, Australians, Americans, South Africans etc all have to pass it. This is NOT an English-language test. Life in the UK Test is about, well, life in the UK. Furthermore, we always say that it is based on the Book provided by the Home Office (available from the internet). Many applicants rely on their common knowledge about the UK, especially after living here for many years. Like with any test, you have to prepare for this test specifically, which means studying the Book. And it’s worth remembering that British citizens would fail it! This was said time and time again by British partners of our clients.

 

Other reasons: we had a situation of a Tier 2 migrant not being supported by his Sponsor for an ILR. The Sponsor did not mind providing a COS for another Tier 2 visa but did not want to provide a letter required for an ILR based on Tier 2 or Work Permit. Logically, they probably did not want to see the applicant leaving their company shortly after getting ILR. Here it’s also worth remembering that there is a limit now on time spent in the Tier 2 category (5 years in ICT and 6 years in other Tier 2 sub-categories, although they only apply to those who joined Tier 2 from 6 April 2011).

 

For an individual advice or to make an application please contact us: info@1st4immigration.com or visit www.1st4immigration.com 

 

If you are an Immigration Adviser or a Solicitor please visit our immigration Training and CDP website: www.1st4immigration.com/training

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