Indefinite Leave to Remain (ILR) Explained
The term ILR denotes a kind of permanent residency status wherein an individual belonging to the respective class of citizens has the liberty to reside in the UK without any time restriction. In other words, when granted, an individual will no longer have to be subject to immigration controls. It denotes an individual not needing to renew visas, work, or pursue studies—not to mention even start a business—in the UK since there are no extra immigration permissions required for the same. It's often the last stage before applying for British citizenship, but it's not the same as citizenship.
ILR Eligibility and Requirements for ILR:
A general rule of ILR stipulates that the applicant must have been continuously living in the UK for a period usually ranging between 3 and 5 years, depending on the type of visa. From then on, they are required to have shown good adherence to the UK's immigration law provisions by not spending more than 180 days in any 12 months after that outside the UK. Moreover, a Life in the UK test needs to be passed, and the applicant has to prove proficiency in the English Language except in cases of age or other specified exemptions.
Disadvantages of ILR:
While ILR confers many advantages upon a person, it does prove to be disadvantageous in some areas. The most notable one is the inability to spend too much time outside the UK. If the ILR holder's total period spent outside the UK is two years or more, that person may lose ILR status and will have to apply for a returning resident visa to re-enter as a permanent resident. Respectively, this can be particularly hard on individuals with family and business commitments abroad.
Further, ILR does not allow a person to vote in UK national elections or apply for a British passport. Queries like those are only entertained at enquiry points for British nationals, which remains the most significant tough border between the two status sets.
British Citizenship Explained
UK settlement rights is the most extended list of permanencies that is followed by British citizenship. Ultimately, it is what many with ILR aspire to, as it gives them all the rights and benefits that a UK national enjoys. By way of British citizenship, you automatically have the right to vote in every UK election, run for public office, and apply for a British passport, which is arguably the world's most powerful travel document.
Eligibility and Requirements for British Citizenship
You would be expected on the ordinary ILR to have held it for at the very least 12 months before you are in a position to apply for British citizenship application. If you have a British citizen for your spouse, you can apply immediately after you get the ILR. As such, the process of applying for citizenship requires proof of at least five years' residence in the UK or three years if married to a British citizen; you also need to prove a good immigration history, in that you did not violate UK immigration laws at any time. Like ILR applicants, you must also pass the Life in the UK test and an English language test.
British citizenship application is a more complex process and is more expensive compared to the ILR. That route is currently charging £1,500. This is outside of legal, document translation, and biometric services. The applicant also needs to ensure that, in the past five years, they stayed outside the UK for not more than 450 days or more than 90 days in any 12-month period prior to application. Watch the video below, which explains more about the British citizenship application.
Key differences between ILR and British nationality:
- Residency requirements and travelling flexibilities:
One key difference between ILR and British citizenship is the one regarding residency. ILR holders will lose that status by spending more than two consecutive years outside the UK, but this does not apply to British citizens. This makes British citizenship more attractive for those who must travel a lot or stay out of the country for long periods.
British citizenship also ensures more freedom of travelling, as a person can avail of a British passport, which allows visa-free or visa-on-arrival access into 170 countries. Such a passport may be claimed as the strongest passport in the world and gives wide opportunities for travelling easily, which are not available to ILR holders.
- Political rights
Another essential difference between the two statuses lies in political rights. Having an ILR does not grant you a right to vote in general UK elections, nor does it enable a person to hold public office. At the same time, British citizenship gives the person in question all political rights, from voting at all types of elections and referenda to being elected to public office. This may be an essential consideration for anyone who wishes to participate fully in civic life within the UK.
- Family members status
The status of what you get between ILR and British citizenship will also have a different impact on the status of your family members. Your children will not enjoy the eligibility privilege of becoming British Citizens. In the case of ILR, children who are born in the UK are not British Citizens by birth. They have to undergo the registration process. This, therefore, calls for extra applications and money payments. Children born to British nationals automatically become British nationals irrespective of their place of birth. The two provisions potentially impact a family that would like to socialise and bring up their children in the United Kingdom.
- Legal and social benefits
British citizenship application offers permanence and security that ILR does not. While ILR may be lost after an absence of two years from the UK, British citizenship is perpetual, unless revoked for reasons such as fraud or against national security. Permanence is especially valuable to those who consider the UK their long-term home and want to be sure of their right to live and work in this country without running any risk of losing such status. Additionally, British citizenship will be available for transfer through descent to his children, even if they are born abroad. In case Such an individual is planning to work or stay out of the country for a long time, it shall be most telling in permitting his children at least a residual connection with the United Kingdom.
British Citizenship by Double Descent
This category applies to persons having a UK-born grandparent who will apply for British citizenship by double descent. This is a less common route since it requires proof of his or her lineage and links with the UK based on his or her grandparent's status. The process is considerably more complicated than regular applications since voluminous documentation is required, and additional legal guidance may often be necessary.
British citizenship by double descent is especially significant for people who would not qualify for citizenship any other way but have a very close family affiliation with Britain. It allows people to acknowledge their lineage from Britain and all the rights and benefits of having full British citizenship.
Get Professional Assistance
Both Indefinite Leave to Remain and British citizenship are extremely useful in their own ways, but the former still pales in comparison to the latter when it comes to issues like security and rights. If you are considering applying for British citizenship application, it will be in your best interest to take the help of professionals while negotiating the complicated application process. A Y & J Solicitors will deliver expert advice and support in your application to ensure you make the right choice for your application process. You can contact them today to ensure your future in the UK.
A Y & J Solicitors is a specialist immigration law firm with extensive experience with your British citizenship application. We have an in-depth understanding of immigration law and are professional and results-focused. For assistance with your visa application or any other UK immigration law concerns, please contact us at +44 20 7404 7933. We’re here to help!
