Are Indefinite Leave to Remain and Indefinite Leave to Enter the same?
Leave to Enter is what you are granted if your application for entry clearance into the UK is successful. An Entry Clearance Officer can grant Leave to Enter for both a limited or indefinite period. Leave to Remain is what is granted to immigrants who are already in the UK and like Leave to Enter it grants you the ability to stay in the UK for a specific period of time.
Indefinite Leave to Remain (ILR) and Indefinite Leave to Enter (ILE) are both types of immigration status in the UK that allow you to live in the country permanently.
The only difference between Indefinite Leave to Remain and Indefinite Leave to Enter is that Indefinite Leave to Remain is granted to by the UK Border Agency to immigrants who have already travelled to and are in the UK whilst Indefinite Leave to Enter is for those who are applying for permanent residence whilst outside the UK.
ILE and ILR holders have the same entitlement and those with ILE are not required to apply for ILR once arriving in the UK.
What can you do with Indefinite Leave to Remain or Indefinite Leave to Enter status?
If you are granted Indefinite Leave to Remain or Indefinite Leave to Enter then you will be allowed to live in the UK without having to adhere to a time limit on your stay. As well as not being subject to time restrictions, there are other benefits that come with ILE or ILR status.
You will be permitted to work and study and you can travel in and out of the UK and those with permanent residence can also access healthcare for free under the NHS.
Immigrants who are in the UK on a temporary status are usually subject to the No Recourse to Public Funds policy but immigrants with settlement including Indefinite Leave to Remain, Indefinite Leave to Enter and settled status under the EU Settlement Scheme, are not subject to this policy. This means that you will be able to claim benefits whilst in the UK.
After holding ILR or ILE status for at least 12 month you could be eligible to apply to become a British citizen, if you are married to a UK citizen you do not need to wait 12 months to apply and can make your application for citizenship as soon as you are granted settled status.
Who is eligible for settled status in the UK?
To be eligible for permanent residence in the UK you must have lived in the country for a certain period of time under a valid visa route. How long you need to have lived in the UK for varies, generally it is 5 years.
As well as meeting the relevant residency requirements there are a number of other criteria that you must meet to be eligible for permanent residence, you must:
- Pass the Life in the UK Test
- Have not breached any immigration rules during your stay in the UK
- Have a clean criminal record
- Have not spent more than 180 days outside the UK in a 12 month period
- Meet the English language requirement, you must meet the B1 level of English as set out by the Common European Framework of Languages
How to apply for UK permanent residence
You can apply for Indefinite Leave to Remain or Indefinite Leave to Enter online at the gov.uk website.
As well as filling out the application form, you will need to submit a number of documents to support your application. The supporting documents that you will need may vary but generally they include the following:
- Passport and travel documents, including any old passport which was valid during your time in the UK
- Birth or adoption certificates
- Documents which account for any time spent outside of the UK during your residency, for example travel documents
- A police registration certificate if you were required to register with the police when you arrived in the UK
- A history of your immigration
- Financial information, such as bank statements
- Pass certificate of Life in the UK test
- Pass certificate (if not exempt) to prove B1 level of English
- Two identical passport-sized photographs
As part of your application you will need to have your Biometric information taken, this is your photograph and fingerprints and this is used for your Biometric Residence Permit. You Biometric Residence Permit is used to prove your immigration status.
How can London Immigration Lawyers help?
Settlement applications are often very complex, you will need to meet the strict requirements and submit a substantial amount of evidence to prove this. Our lawyers are experienced when it comes to assisting with settlement applications.
We can assess whether you are eligible for Indefinite Leave to Enter or Indefinite Leave to Remain and can help you to apply. Our team will guide you through the whole process we can fill in the application form on your behalf and help you to gather all of the documentary evidence that you will need for a successful application.
We pride ourselves on our excellent service when it comes to immigration applications and with our expertise and guidance you can be sure that you’re in the right hands.
If you are not eligible then we can also provide you with professional advice about the routes available to you that can lead to settlement.
For further information about our application services, get in touch with our team today on 020 4502 8582.
Comprehensive immigration advice tailored to your circumstances and goals.
Designed to make your visa application as smooth and stress-free as possible.
Fast Track Package
Premium application service that ensures your visa application is submitted to meet your deadline.
Ensure you have the greatest chance of a successful appeal. We will represent you in any case.
The Advice Package
During this untimed Advice Session with our professional immigration lawyers in London, you will receive our comprehensive advice, completely tailored to your needs and your situation.
The Application Package
With our Application Package, your dedicated immigration lawyer will advise you on your application process and eligibility. Your caseworker will then complete and submit your forms to the Home Office on your behalf.
The Fast Track Package
Our Fast-Track Application Package is a premium service for those who need to submit their application in time with their deadlines. Your case will become a top priority for our lawyers and you will benefit from our highest-quality services.
The Appeal Package
By choosing our Appeal Package, you can rely on our lawyers’ legal knowledge and experience to ensure you have the highest chance of a successful appeal. We will also fully represent you in any hearings/tribunals.