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Indefinite Leave To Remain

Indefinite leave to remain is the status given to people allowing them to remain in the United Kingdom without limit of time. Some people qualify for settlement in the United Kingdom because of the length of time they have been living here. Some of the circumstances where someone may qualify for indefinite leave to remain in the United Kingdom include: Where someone has been in the United Kingdom lawfully for 10 years or more and where someone has been in the United Kingdom unlawfully for 14 years or more etc.

If someone has lawfully lived in the United Kingdom for a period of 10 years or more, the person will be eligible to apply for indefinite leave to remain unless the 10 years period has been broken, there are public interest reasons to refuse the application, the individual fails to demonstrate sufficient knowledge of the English language and of life in the United Kingdom. The period someone has lived in the United Kingdom may be regarded as broken if the individual was outside of the United Kingdom for any length of time during the period unless he or she had leave to enter or remain at the point of departure and return; if the individual was outside of the UK for any length of time during the period and when departing he or she then demonstrated a clear intention not to return or could have had no reasonable expectation of being able to return lawfully; if the individual was outside of the United Kingdom for a total of 18 months or more during the period; and if the individual spent any time in prison or other institution as a result of a custodial sentence imposed by a court during the period.

Someone who has unlawfully lived in the United Kingdom for 14 years may apply for indefinite leave to remain even though his or her presence in the United Kingdom during this time period has been unlawful. The person will be eligible to receive indefinite leave to remain in the United Kingdom unless the 14 years period has been broken; there are public interest reasons to refuse the application, if the individual fails to demonstrate sufficient knowledge of the English language and of life in the UK. Also, the 14 year period may be seen as broken if the person has been served with a notice that the individual is liable to be removed, a notice that it is intended to deport the individual and a decision that the individual should be removed.

Deportation is the process where non-British Citizen can be compulsorily removed from the UK and prevented from returning unless and until the deportation order is revoked. Some people may seek asylum in the United Kingdom within the Home Office framework and Human Rights laws. Appeals can be made concerning unsuccessful applications for indefinite leave to remains in the United Kingdom.

After an individual has received indefinite leave to remain in the United Kingdom, the person will be eligible to apply for British Citizenship.

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