Indefinite leave to remain rather than permanent residence is the proper term for immigration status in the UK that allows you to remain in the UK permanently and that gives you the freedom to take up any kind of work in the UK. Indefinite leave to remain is normally only granted to people who are in a long term category that specifically leads to this. However, you can also gain indefinite leave to remain if you meet the following requirements:
Please note that many of these requirements are only likely to be relevant if you are applying on the basis of ten years rather than fourteen years in the UK. If you are applying on the basis of fourteen years stay in the UK you will probably not be absent from the UK at all during most if not all the of the fourteen years.
- You have ten years lawful residence in the UK, or 14 years of lawful or unlawful residence. Normally most people who are applying on the basis of 14 years residence would have a small amount of lawful residence with the the greater part of their residence over the fourteen years being unlawful.
- You should not have been outside the UK for longer than six months in any one time during the relevant period.
- You should not have been outside the UK for longer than 18 months in total during the relevant period.
- You should continue to obtain extensions to your status in the UK throughout the ten year period. This is likely to be relevant if you are a student and have spent much of your student life in the UK.
- You should not have left the UK during the relevant period with a clear intention not to return to the UK.
- You should not have left the UK over the ten year period after being refused entry to the UK, or after being refused an extension of leave to remain in the UK or after being deported.
- You should not have been convicted of an offence and imprisoned, or otherwise detained in another institution over the relevant period.
- It will also be considered whether in the public interest indefinite leave to remain should be refused. This will probably not be relevant in most cases. The following will be taken into consideration when your application is being assessed:
- your age;
- your ties to the United Kingdom;
- your personal history; including character, conduct, associations you belong to and employment record;
- your domestic circumstances - this generally means any family ties you have in the UK;
- any previous criminal record and the nature of any offence you may have committed in the UK;
- any compassionate circumstances;
- any representations received on your behalf;
- your age;